Re: Forgate

[Darren Bounds <dbounds () intrusense com>]

Jonathan-

I will officially rename 'Forgate' to '4g8' later this evening.

Good luck with Fortinet Inc. and 'Fortigate' for that matter.


Regards,

Darren Bounds, CISSP
Intrusense LLC.
http://www.intrusense.com

--
Intrusense - Securing Business As Usual


On Jan 26, 2004, at 4:02 PM, Jonathan Schwartz wrote:

> Mr. Bounds,
>
> I think you misinterpreted my email.  As far as Fortinet is concerned,
> *who* is using the name is wholly irrelevant.  It does not matter to
> Fortinet whether you are using the name Forgate or whether your 
> employer
> is using the name.  The fact of the matter is that it is the NAME of 
> the
> project/program that Fortinet objects to as we believe that it clearly
> infringes on the name of our long-standing product line.
>
> Again, Fortinet respectfully requests that you immediately cease and
> desist using the name "Forgate" in conjunction with your program.  You
> are certainly free to rename the program to another, non-infringing
> name.  If you refuse to do so, Fortinet will unfortunately have to seek
> a more formal, and expensive, resolution of this issue.
>
> I sincerely would like to resolve this matter informally.  Please let 
> me
> know your intentions as soon as possible.
>
> Jonathan M. Schwartz
> Senior Corporate Counsel
> Fortinet, Inc.
>
>
> -----Original Message-----
> From: Darren Bounds [mailto:dbounds () intrusense com]
> Sent: Monday, January 26, 2004 11:59 AM
> To: Jonathan Schwartz
> Subject: Re: Forgate
>
> Intrusense has no ties to Forgate (http://forgate.sf.net) nor any of my
> other open sourced projects.
>
> If necessary, I will use an alternative email address. One that does
> not contain the name of my employer.
>
>
> Darren Bounds
>
>
> On Jan 26, 2004, at 12:16 PM, Jonathan Schwartz wrote:
>
> > Dear Mr. Bounds,
> >
> >  
> >
> > My name isJonathan Schwartzand I am the Senior Corporate Counsel at
> > Fortinet, Inc.  As you may be aware, Fortinet is a growing,
> > recognized, privately held corporation with offices and customers
> > worldwide. Our primary product offering is a firewall product called
> > “Fortigate”, a United States registered trademark, and I invite you to
>
> > look at our website for a full discussion of the features that the
> > product line has to offer.
> >
> >  
> >
> > It has recently come to my attention that you are the author of a
> > computer program called “Forgate” which can be found
> > athttp://forgate.sourceforge.net/.  We believe that the title of your
> > program, when viewed in light of the features it provides and the
> > nature of your business at Intrusense, clearly infringes upon the
> > trademarked “Fortigate” name. Therefore, I must respectfully request
> > that you immediately cease and desistusing the name “Forgate” in
> > conjunction with your computer program and remove all reference to
> > said name on the website referenced above.  If you do not agree to do
> > so, and do so, byFebruary 2, 2004, I am afraid that I will have no
> > choice but to submit this matter to outside counsel and pursue all
> > available legal remedies to protect our trademark and our product
> > line.
> >
> >  
> >
> > This is a very serious matter and I appreciate your anticipated,
> > prompt attention and cooperation.
> >
> >  
> >
> > Jonathan M. Schwartz
> >
> > Senior Corporate Counsel
> >
> > Fortinet, Inc.
> >
> >  

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