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To: sunnyvalefree@yahoogroups.com From: Tim Oey Subject: ADMIN: Why multiple freecycling lists in Sunnyvale? Some of you have been wondering why there are multiple freecycling lists in Sunnyvale (and Mtn View, Cupertino, and Palo Alto). Here is why. The original Freecycle Sunnyvale group was created in October 2003. At the time, Freecycle Sunnyvale was affiliated with The Freecycle Network (TFN). However, TFN and Freecycle Sunnyvale parted ways. TFN then requested that Yahoo! terminate the original Freecycle Sunnyvale group for allegedly infringing TFN's trademark rights. Yahoo! deleted the original Freecycle Sunnyvale group (2200+ members) in November 2005. It was at this time that Freecycle Sunnyvale set up SunnyvaleFree and TFN set up SunnyvaleCAFreecycle. In January 2006, Freecycle Sunnyvale filed a lawsuit against TFN in California to defend itself and restore its group. In April 2006, TFN filed a lawsuit against me personally claiming that using the word freecycle was trademark infringement. In September 2007, as an outcome of the Arizona suit, a Ninth Circuit decision established that using the word freecycle generically is not trademark infringement, that saying freecycle is generic is not trademark infringement, and that encouraging others to use the word freecycle generically is not trademark infringement. TFN did not appeal this decision so it stands. In March 2008, Freecycle Sunnyvale won a summary judgment in California allowing it to use freecycle in its name as well as its original freecycle logo again. As of May 2008, this is the final judgement of the Northern District of California case. Freecycle Sunnyvale was given back the group but with only 45 members, not the original 2200+. Freecycle Sunnyvale continues to run SunnyvaleFree. Due to litigation constraints we have been able to rebuild our membership to only around 900 members so far. At this time we have not yet decide whether to switch the SunnyvaleFree Yahoo group name/URL back to FreecycleSunnyvale or not. TFN seems to be in the process of appealing the California judgement to the Ninth Circuit Court of Appeals, so this is not over until the appeals process is finished. This could take another 1-2 years or so. In the meantime, please help us rebuild our locally run freecycle list at http://groups.yahoo.com/group/SunnyvaleFree/ by recommending it to friends and neighbors. Posted at http://groups.yahoo.com/group/sunnyvalefree/files is a PDF you can print out to create paper mini-slips to hand out if you wish (they were designed to use as few resources as possible). As for the original Mtn View, Cupertino, and Palo Alto freecycling lists, independently from Sunnyvale, they also chose to part ways with TFN. TFN has since set up duplicate groups in those cities as well. If you are looking for the biggest freecycle group directory in the world, please check out Overcycle.com Feel free to forward this email as you see fit. Thanks!Sincerely, Tim Oey one of Sunnyvale's friendly local moderators, on behalf of the Freecycle Sunnyvale moderation team |