da gino wrote:Just because many of the posts are by "serious amateurs" doesn't mean that complete amateurs aren't a focus, too.

Many of the features of this site like the dynamically generated FAQs and Favorites and related topics shown at the bottom of each thread were created precisely for that reason - helping visitors find the information they need. Enabling a visitor to "serve themselves" allows the discussion to move to the next level without needless repetition of previous answers. The How-Tos and most notably the Home Barista's Guide to Espresso have a similar purpose - helping visitors educate themselves. Admittedly some of these articles are not for raw beginners, but their purpose is specifically to document the base knowledge necessary to move from beginner to intermediate home barista.

Indeed, you're right Hugh, we've put a lot of effort into helping so-called newbies. As the Hall of Shame vividly documents, we were all newbies at one time.

da gino wrote:I hate to keep pointing out Nick's specious arguments, but this one is pushing it, too.
One of the greatest functions of this website is educating newbies. It is not an accident that if you do a google search on "newbie" and limit it to this website you get over 1,000 hits. Just because many of the posts are by "serious amateurs" doesn't mean that complete amateurs aren't a focus, too.

Well hopefully if anything this demonstrates that I don't know the site very well! As I said, "if I've understood it correctly" - clearly I haven't - I've never seen the "Guide to Espresso" or read the FAQs. It's pretty hard to maliciously steal site contents at the same time as being completely clueless about the site contents...

nclarey wrote:Since we noticed home-barista.com before we launched, we of course had to think about the issue of trademark infringement. Put simply - we didn't think there was infringement. We have had no users of our application complain about confusion and as far as I'm aware you haven't experienced any either.

Presented in the "FWIW" ("For Whatever It's Worth") mode:

I showed images from home-barista.com ("the website") and images from Home Barista ("the app"), from my computer screen and my iPhone respectively, to five people today. So far, you're batting a thousand! Sorry, that's an American sports analogy -- let's just say you "knocked it for six" each and every time, Nick: all five people looked at the images, and thought that the two were related! Each voiced surprise that they were not, and several mentioned the words "trademark infringement" completely spontaneously and without solicitation.

Some of the people were in my office; some were in other offices sharing our general profession in the building.

C'est la vie . . .

Jason Brandt Lewis
Gorelick Law Offices
Practice limited to Criminal Defense
Hayward, California

Dan,

Having been threatened by a large movie studio and a larger credit card company with similar facts, I have a bit of experience on this very subject. Taking Mr. Clarey at his word and assuming this is just an unfortunate accident doesn't "un-ring" the bell. First use trumps everything else and if you sue him, he'll lose, BADLY! Won't even be close.

iPhone users can report a problem with an app, inappropriate content or otherwise, without purchasing it, by viewing the app page in the App Store on the iPhone, going to the bottom of the page, and hitting the "Report a Problem" button. It will allow you to describe your issue with the app in detail.

Before you start lighting torches and tying nooses, could you let Dan and I finish our private discussion about how we can resolve this amicably?

Private discussion???? This was just getting good!

A simple name change is in order . . Coffee Geek, perhaps

All kidding aside, I hope you guys work something out.


h

After much discussion Dan and I have agreed that the iPhone application known as "Home Barista" will now be renamed. I'd like to apologise for the offence we clearly caused and just want to re-emphasise that in no way did we lift anything (appearance, font or content) from this site during the design of our application. It's made me think long and hard about trademark issues on the internet, that's for sure.

Our designer is particularly upset by the suggestion that he used colouration and font content from HB.com - so much so that he can't even bear to read the posts on this forum. He didn't, and wouldn't ever.

I'd also like to thank everyone for the civil tone maintained during the discussion. It's a nice antidote to the usual adolescent mud-slinging that normally breaks out when a party is offended on the internet. So all the best and once we can afford our own Espresso machine I know where I'll be coming for advice. After reading the FAQs first, of course...

nclarey wrote:After much discussion Dan and I have agreed that the iPhone application known as "Home Barista" will now be renamed.

Clearly the best solution!

Keep in mind, Nick, that we are indeed a friendly lot . . . and, given all the snow, don't you wish you now owned an espresso machine yourself?

On my next trip to Cambridge, I'll cheerfully buy you a pint at the Granta -- my old local while at Pembroke, though since they have remodeled it, it's little better than the Anchor. If you prefer older pubs, as I do, perhaps we head over to Linton and go to The Crown (a great free house) . . .

Cheers,
Jason

Thanks Nick! And tell your designer he has good taste - similarities notwithstanding, the app looks good.