The Four Strands group (for David Deutsch fans) has been an ongoing source of trouble, including an attempt to splinter the discussion community and they continue to spread hatred which has repeatedly crossed the line to initiating force and violating rights.
The first trademark violation from Four Strands was the "Fallible Fun" forum, from Dennis Hackethal, designed to compete with my Fallible Ideas forum. He changed the name when I informed him of the problem, but he should have known better on his own, and he was rude instead of apologetic. Nevertheless, that problem is now solved, and I mention it only because it shows a pattern of behavior from these people, and also because it shows agreement that my trademark matters even from one of the people who had gone so far as to violate it.
The second trademark violation is the Fallible Animals podcast, from Logan Chipkin, designed to compete with my Fallible Ideas podcast. This rights violation is ongoing.
Logan is using the Fallible Animals mark in a commercial manner, including on Patreon and for his freelancing. The "Fallible X" naming is highly distinctive, especially within such a small niche community. There are no US registered trademarks using the term "fallible" or a variant (like fallibilism or fallibility). FYI for those who haven't read anything about the law, I don't have to register with the government for my trademark to exist and be protected; trademark rights come from usage. But the lack of any registered businesses using the term still shows distinctiveness because larger businesses usually register to get some extra benefits. For example, there are 328 US trademark records for "curiosity" (and I would not be claiming there was any problem if he made a Curious Animals podcast, despite the name of this blog).
I've received multiple reports of confusion over this type of naming before. People thought I owned the Fallible Living site, which I've given permission to exist in its current limited form, but only because it's run by a friend, has the sort of content I'd post myself, and the articles on the site are individually attributed to authors. It's basically just an archive collection of articles I also would have shared, and it's a non-commercial site. Nevertheless, if it was a new site I'd still ask him to use a different name. Fallible Animals doesn't have my permission, is a commercial business directly competing with my Fallible Ideas, and is in a position where renaming wouldn't be very hard or costly as the owner has openly admitted.
Below are the emails which show bad faith by Logan.
Jan 19, 2020, I wrote:
Hi, you came to my Fallible Ideas forum in March 2019 and now you’re making a podcast with similar content to the Fallible Ideas Podcast and a very similar name, Fallible Animals, starting in Sept 2019. My Fallible Ideas brand is well established dating back to 2010. Your podcast’s name and related Patreon violate my trademark rights. In order to compete with me, you need to use a clearly separate, unassociated name. I assume it’s an accident and you just didn’t think of the problem, but would you please promptly change it?
Jan 19, Logan replied:
I actually stopped creating content this year and have told my Patrons the same. I might return to the podcast eventually, but for now I'm focusing on other projects. Yes, it's a coincidence. I'd been saying the phrase 'Fallible Animals' as a joke for a few years to friends and family.
Jan 19, I replied:
I’m sorry but it doesn’t matter if it’s a coincidence or if the content isn’t being updated, you still need to rename it promptly. I hope we can resolve this amicably. Rights violations are a serious matter but I’m still hoping not to have to bother my lawyer with writing a letter.
Jan 19, still the same day, Logan replied again:
Please give me a bit of time to figure it out. Thanks for understanding. If I'm in violating of any law, I'm more than happy to oblige. Again, I really have no emotional attachment or anything, it would just be a matter of tracking down wherever the title is in existence.
This was fine. Logan seemed reasonable and responsive, but that was apparently a dishonest trick. Although unattached to the name, and claiming he doesn't want to violate the law, he never responded further with any explanation or defense of his actions, and did not fix it. He lied to me by saying he would figure it out, but then he didn't do that.
On Feb 1, after Logan didn't follow up, I did:
You’ve had time. Will you rename it now? The Fallible Fun forum has renamed.
Logan didn't reply, so I followed up again on Feb 13:
Hello? If you just won’t respond at all, there’s no way for an amicable solution to happen. You asked for time. I gave it to you. You have one more week to respond about your trademark violation. That will make over a month since you asked for “a bit of time” and communicated that it was no big deal to you to change the name.
If you don’t reply within a week, I will have to treat you as now refusing to respond after previously communicating that you would respond. That would be bad faith and would leave me no options short of escalating this to a cease and desist letter. At that point, you will have crossed a major line with no way back, and I will blog negatively about it among other actions. I’m trying to help you by giving you repeated opportunities to avoid bad outcomes. Please respond; this can still be resolved so it’s no big deal.
Also, I request that, within a week, you provide a mailing address where I can send a certified letter.
Now it's Feb 25 and he still hasn't replied. I am considering having a lawyer send him a letter demanding he change the name and pay my legal fees, though he won't even provide an address to send it to, as if being hard to reach with communications was a strategy for dealing with legal matters.
Dear Logan and Four Strands: Please just leave me alone. Follow the law. Stop attacking me. Stop the aggression and just do your own thing peacefully. Even if you are totaly unwilling to do problem solving (while allegedly being fans of a philosophy about problem solving), that'd be acceptable if dumb. I've never violated the rights of any of you (and none of my FI group members are violating your rights either because my group doesn't encourage hatred and crime), but you violate my rights repeatedly, which is absolutely unacceptable. Stop encouraging each other to violate rights and change your group culture to embrace civilized, legal lifestyles.