ummm nice name

[Ari-M.]

Hello/to whom it may concern....

I actually run a website/service called mixIT

[...link deleted...]

I won't ask that you discontinue using the name, because I like you guys....but please recognize

the name has been registered and running since 2005 (approx.)

[weedywet]

interesting... so you provide "a world class engineer" but won't say who it is?

or where it's done, or on what?

[Ari-M.]

interesting... so you provide "a world class engineer" but won't say who it is?

or where it's done, or on what?



the service is a designation service....and focuses on delivery....not the studio or engineers used....that is mostly up to the clients....

if you want to discuss it with me please feel free to send me an email, as I don't think it's prudent to discuss or advertise any services on someones website (other than my own)

please don't try to discredit it...either way the name is and has been registered

I'm not mad, just an FYI is all

not asking anyone to discontinue using the name


please read the website more completely, as it states that that is our mission....designation to world class engineers (plural) and world class studios

I'm a small fish and no one has anything to worry about

I do have a track record though and am with out a doubt qualified....

[weedywet]

discussing your openly advertised business model is "discrediting" it?


so, what you are selling basically is the idea that your service doesn't really depend on the quality of the actual mixer doing the work, beyond a 'trust us'?

because you "focus on delivery" and "designation" (whatever that means?)

meaning, you're a clearing house for mixers? or you have people but don't want to say who they are?

you don't need to email me privately to find out who I am and what I've done. You can look me up quite publicly.

[eagan]

Hang on. I need to stock up on popcorn and beverages.


JLE

[Fearnloathing]

So you don't care if the name is used. Then what is the point of the post. If it was for PR/advertising not sure it was the brightest way to go!!

[Ari-M.]

discussing your openly advertised business model is "discrediting" it?


so, what you are selling basically is the idea that your service doesn't really depend on the quality of the actual mixer doing the work, beyond a 'trust us'?

because you "focus on delivery" and "designation" (whatever that means?)

meaning, you're a clearing house for mixers? or you have people but don't want to say who they are?

you don't need to email me privately to find out who I am and what I've done. You can look me up quite publicly.



no, you have it a bit wrong I think

my service is in helping my current clients transport their material in a secure and cost effective manner....

the service strictly enforces that I personally MUST be contacted to engage in any form of business

it is NOT a clearing house for mixers or studios....it's a private service for my current clients

they already know who the engineers and studios are

do you feel that is misrepresented on the website?

happy to take feedback

[Ari-M.]

So you don't care if the name is used. Then what is the point of the post. If it was for PR/advertising not sure it was the brightest way to go!!

because it is a registered name, and I don't mind people using the name for a non-profit...I do, however, mind if it becomes someone elses bread and butter

that's all...it's a friendly assertion...that's all....

I don't need to do advertising, as it's a private service

Small Potatoes

yet it is part of my business

hope that is a fair explanation

[Ari-M.]

one other thing I might mention...mixIT, is also a designation of the JCpenny company (I found that out the hard way)...

they used the name to brand a "fall fashion" sale...and they do hold a registration for it as a reserved license....they did however state that the name was un-used and would not be part of their on going marketing campaign...

essentially they said use it at your own risk...

they would NOT sell me the reserved website name though =(

I assure you I am only here to help people out

hope it doesn't come off as anything else

also "weedy", just because some people don't choose to do business the same way as YOU do, doesn't mean they are snakes in the grass or deadbeats....

[MacGregor]

I actually run a website/service called mixIT


Hello and welcome to the Womb, make yourself comfortable and enjoy the show :vuvu:

Maybe you failed to notice, but if you read it CAREFULLY you'll see that over here it's called "MiX iT!"

Not mixit, miXit, mixIT?, mixit², mix:headpalm: or mix:vuvu:

Uppercase "M", lowercase "i", uppercase "X", a space, lowercase "i", uppercase "T", and an exclamation mark "!".

In the English language it's the imperative of "to mix", and means, in this special case, to mix some tracks provided by forum members.

It's a regular event, feel free to participate in the future, it's fun and educative.
Maybe you can learn something from it and improve your skills.

Mac
.

[Ari-M.]

Hello and welcome to the Womb, make yourself comfortable and enjoy the show :vuvu:

Maybe you failed to notice, but if you read it CAREFULLY you'll see that over here it's called "MiX iT!"

Not mixit, miXit, mixIT?, mixit², mix:headpalm: or mix:vuvu:

Uppercase "M", lowercase "i", uppercase "X", a space, lowercase "i", uppercase "T", and an exclamation mark "!".

In the English language it's the imperative of "to mix", and means, in this special case, to mix some tracks provided by forum members.

It's a regular event, feel free to participate in the future, it's fun and educative.
Maybe you can learn something from it and improve your skills.

Mac
.

=)

that's funny....glad to see someone is a sport about it

I would be happy to participate...I am pretty comfortable and content with my current skill-set, but one can always learn...and teach

[weedywet]

no, you have it a bit wrong I think

my service is in helping my current clients transport their material in a secure and cost effective manner....

the service strictly enforces that I personally MUST be contacted to engage in any form of business

it is NOT a clearing house for mixers or studios....it's a private service for my current clients

they already know who the engineers and studios are

do you feel that is misrepresented on the website?

happy to take feedback

not necessarily misrepresented, just unclear

so you're not selling or advertising mixing services? only a service to facilitate file transfer?

then why mention world class studios and engineers and list equipment and plug ins and such?

I'm confused.

no one avails himself of your service UNLESS he already has a mixer and studio or producer in place?
they don't find people through you?

[Ari-M.]

not necessarily misrepresented, just unclear

so you're not selling or advertising mixing services? only a service to facilitate file transfer?

then why mention world class studios and engineers and list equipment and plug ins and such?

I'm confused.

no one avails himself of your service UNLESS he already has a mixer and studio or producer in place?
they don't find people through you?


not exactly....it is a designation service to facilitate the file transfers (and long term file storage) for my own mixing services and studio....and if the client of mine is going to get referred by me to someone else (for mastering or production or anything I feel I don't have the time or am not qualified to handle)

but the service is invite only...so everyone going there has been referred to me, or is an existing client...

like I said it's really small potatoes...it just helps me work with folks in a more streamlined manner

I think it's really cool that I am able to do it...and I have spent a lot of time and sweat (and money) creating it...

maybe I need to re-vamp the homepage...I have never been great at selling my services....but I have been trying my best to figure out how to work with my clients in a cost effective and uncompromising way

I hope I am explaining it well....maybe since my concept and the wombs concepts are so similar, I could possibly help out with something down the road...seems like a great combo...

would prefer to discuss it in private though...I feel like a bit of a salesman right now =(

mainly the service was started by me to make payment and data transfer and archival simple for my clients, and for anyone I might refer them too....hey that's what my homepage should say....thanks for the tips

[otek]

I too am confused by this thread.

First, because I think the claims to the site name that we're allegedly infringing on puts my longshot-o-meter a few degrees south of Monster Cable.

Second, because I have no earthly idea what the web site in question is about, or what they're selling.

Third, why would you bring this up at all if you're actually not making any claims?


otek

[Ari-M.]

I too am confused by this thread.

First, because I think the claims to the site name that we're allegedly infringing on puts my longshot-o-meter a few degrees south of Monster Cable.

Second, because I have no earthly idea what the web site in question is about, or what they're selling.

Third, why would you bring this up at all if you're actually not making any claims?


otek


why? the site is a registered domain, and the business is registered with my state of residence....how is that a long shot? it's a fact

I brought it up, because I have spent money registering and developing a business with the name mixIT, and I want to make sure that no competing business uses my registered name

why is that difficult to understand or a longshot?

that actually confuses me

:Roll eyes:

I would actually think it's pretty gracious to laugh about the fact that someone else is using my name....???

EDIT : I didn't intend to have a discussion about this...in hind sight it was a bad idea to even mention it...since I am not opposed to anyone using the name....looking for a delete thread command now....if the topic is troublesome or you feel something is out of line, then please don't reply and let the thread fall off the front page....it was a friendly assertion, that's all (geez)

[Pimp-X]

Well, er. I operate a website that is registered under my full and real name and..

Well

There's this guy in Britain who is a model train enthusiast and he has the same name as me, and he posts in web forums all over the UK.

I'm not about to rush over there and tell him to change his name since my business is registered to me and my domain name ALSO shares my name.

ALSO ALSO, my recording studio happens to share the name of an underground dance nightclub in LA. Nobody is confused...

AND

NOR IS ANYONE SWINGING THEIR DICKS because NONE OF THESE PARTIES ARE INFRINGING ANYONES REGISTERED TRADE MARKS.

Just saying - there are dark clouds hanging over a teacup somewhere.

[Ari-M.]

Well, er. I operate a website that is registered under my full and real name and..

Well

There's this guy in Britain who is a model train enthusiast and he has the same name as me, and he posts in web forums all over the UK.

I'm not about to rush over there and tell him to change his name since my business is registered to me and my domain name ALSO shares my name.

ALSO ALSO, my recording studio happens to share the name of an underground dance nightclub in LA. Nobody is confused...

AND

NOR IS ANYONE SWINGING THEIR DICKS because NONE OF THESE PARTIES ARE INFRINGING ANYONES REGISTERED TRADE MARKS.

Just saying - there are dark clouds hanging over a teacup somewhere.



so someone tell me how to delete the thread....I thought I was being gracious...in hindsight I guess it's not taken that way...

[Fearnloathing]

so someone tell me how to delete the thread....I thought I was being gracious...in hindsight I guess it's not taken that way...

You are being gracious? The title of the thread is "Umm nice name." Fairly confrontational right out the gate. You have a domain named Mixit.com ok so what this it Mix iT and is not under a domain. You also have registered that name with the state you reside in to do business. Once again that is irrellevant. I am th CEO of a large medical company. There is another company in Colorado with the exact same name as my company. There is nothing either of us can do about it nor do we care. Point is once again Why bring this up?

[Pimp-X]

It's taken (by me) as idiocy to rock up somewhere and inform people without prejudice that they are infringing against your trading name when in fact MiX iT here is a contraction of Charles Dye's Mix It Like A Record (which I'll wager is a galactically larger trading name) which he kindly operates/lets us operate here.

I'M JUST SAYING that if we're going to compare potatoes to potatoes.. you know where I'm going with this right?

[Ari-M.]

You are being gracious? The title of the thread is "Umm nice name." Fairly confrontational right out the gate. You have a domain named Mixit.com ok so what this it Mix iT and is not under a domain. You also have registered that name with the state you reside in to do business. Once again that is irrellevant. I am th CEO of a large medical company. There is another company in Colorado with the exact same name as my company. There is nothing either of us can do about it nor do we care. Point is once again Why bring this up?



since you don't agree with me, why do you keep bumping this thread...just tell me how to delete it and move along....for fucks sake man

it's called a business courtesy, usually when 2 entities share a name, they mention it to each other so that they are aware and avoid any problems down the road....being the CEO of a large medical company I would think you understand that?

I already said I thought it was a professional courtesy and in hindsight it isn't being taken that way...let it go

:Roll eyes:

[Ari-M.]

It's taken (by me) as idiocy to rock up somewhere and inform people without prejudice that they are infringing against your trading name when in fact MiX iT here is a contraction of Charles Dye's Mix It Like A Record (which I'll wager is a galactically larger trading name) which he kindly operates/lets us operate here.

I'M JUST SAYING that if we're going to compare potatoes to potatoes.. you know where I'm going with this right?

it's a professional courtesy...if someone wants to be so kind as to tell me how to delete the thread, then noone has to spend anymore effort...

instead it seems like people actually are enjoying this

I guess professional courtesy doesn't extend to internet forums

my bad, lesson learned....delete the damn thread already...

[John Eppstein]

why? the site is a registered domain, and the business is registered with my state of residence....how is that a long shot? it's a fact

I'm going to forgo the obvious pun and not ask if the state in question is the state of confusion, but actually registering a "fictitious business name" (as it is so legally termed) gives you no exclusivity. If you had a federal trademark that MIGHT confer exclusivity, but that's not the same thing as registering with the state. Registering with the state is primarily for tax purposes.

However many entities use the same or similar names - in my area there's a bar called "Whiskey Thieves" and a band called "The Whiskey Thieves" for example. In cases where it might get seriously confusing such as two bands with major label contracts both calling themselves "The Beat" a court will resolve the situation by giving each band primary use of the unmodified name in their own home region but require them to use a modifier to avoid confusion elsewhere - "The English Beat" and "The San Francisco Beat". If you want to get really confused try sorting through all the internet entries for bands called "Copperhead" to try and find the one that featured John Cippolina......

Do you have any idea how many beauty salons and movie theaters call themselves "Bijou"?

[weedywet]

this took about 6 seconds:

[Ein Mangfaldig Kar]

Local band The Soundtrack of our Lives (http://www.tsool.net/) got a deal in the states but needed to change the name or use the modifier TSOOL over there.

[Ari-M.]

this took about 6 seconds:

interestingly the original owner of the name doesn't come up in google searches (been through this with a legal expert on the subject already)

the name actually traces back to JCpenny, for a fall fashion promotional

I contacted a JCpenny rep. to ask for permission to use the name and to inquire about buying the domain mixit.com from them

they said they were grateful that I extended the professional courtesy to them, that I intended to use the name...

the rep. said that they were not willing to sell the domain, but that they had no plans on further exploiting the name, so basically feel free to use it

I thought that is what I was extending here as well....I would be happy to just delete the thread....it is a common business practice to inform others of your intended use and ask theirs though

maybe an internet forum is not the place to extend those professional manners

if you have the ability to delete the thread, please do...it's just a waste of bandwidth at this point...:headpalm:

[jerryskid]

I call my penis "Sparky" and I'm sure there are other "Sparky"'s out there, but you don't see us in a pissing match.....

















(pun intended)......:Wink:

[bunnerabb]

See, I never have a problem with that stuff.

I'll, like, mix from tracks I get over ftp and add stuff or not and I get all the tracks and I turn the nibnob up to "if you don't know you better ask somebody", or some other sense of urgency setting, I whack 'at sumbitch with the biggest funk stick I ken FIND 'til even passers by are compelled to pause and state, emphatically "Sweet, mother of mama moose ass, that is WHOMPIN', yo!" and then I sum it and print it and then send the two.

Am I doing it wrong? :Confused:

[Ari-M.]

See, I never have a problem with that stuff.

I'll, like, mix from tracks I get over ftp and add stuff or not and I get all the tracks and I turn the nibnob up to "if you don't know you better ask somebody", or some other sense of urgency setting, I whack 'at sumbitch with the biggest funk stick I ken FIND 'til even passers by are compelled to pause and state, emphatically "Sweet, mother of mama moose ass, that is WHOMPIN', yo!" and then I sum it and print it and then send the two.

Am I doing it wrong? :Confused:



no yer doing it well right :very happy:

I shall call you "sledgehammer"

oh wait some guy had a song named that...eff

all the good shit is taken....
:Roll eyes:

[bunnerabb]

no yer doing it well right :very happy:

I shall call you "sledgehammer"

oh wait some guy had a song named that...eff

all the good shit is taken....
:Roll eyes:

I see myself as, like, more of a dreamweaver...

Wait.. PHOOEY!

Never mind. ;)

[John Eppstein]

so someone tell me how to delete the thread

You can't. One of the endearing things about The Womb is that once you hit the "Post" button it's pretty much written in stone for all to see. There's no "delete" for individual posts, either, although you can go back and edit those.

Don't worry about it. Lots of people make idiots of themselves when they're new here, myself included.

Look at it as a learning experience.

[sbs]

haha, cue comments about deleted posts from another thread...

[Ari-M.]

You can't. One of the endearing things about The Womb is that once you hit the "Post" button it's pretty much written in stone for all to see. There's no "delete" for individual posts, either, although you can go back and edit those.

Don't worry about it. Lots of people make idiots of themselves when they're new here, myself included.

Look at it as a learning experience.



I was thinking more that it was a troublesome topic...I don't feel bad about leaving it at all...but if it's something that upsets others so much, I figured it would be prudent to call for it's removal....

and on topic number two...I see you are still doing it :Surprised:

only thing I learned is that the womb doesn't appreciate professional courtesy, but I should be used to that...I have been locked in recording studios for the better part of 15 years

after analyzing my above statement I realize I am an idiot...who would voluntarily lock themselves in a room with no windows and work for pennies on their dollar...eff...

IDIOT : as labeled by my peers :Surprised: I all of a sudden feel like I fit in

[weedywet]

define "professional courtesy", as you see it

does it imply a wholly uncritical reception from others?

[Ari-M.]

define "professional courtesy", as you see it

does it imply a wholly uncritical reception from others?

quite often the opposite...I just think it's good of someone to inform another person (or group), when they share something similar in their business practices

I don't get why people would be mad about it...as my original statement included NOTHING remotely hostile....

it basically read...."we have the same name, and even though we do it doesn't bother me....FYI"

did I or do I seem upset over it?

hell I even offered to donate some time to the initiative....since my resources could possibly be useful to facilitate some data exchange....either way the bandwidth is being paid for on my end, so why not offer to help out

instead some folks want to claim I am screaming "copyright infringement" (otek)....I don't see anywhere a mention about copyright....kind of scratching my head over that one, to be honest

the people with high posts on this forum seem to have some kind of elite club mentality, and only see their insults and rants as humorous....and see all others as points of contempt

where I come from those people are called bullies....and you often see them on internet audio forums (was hoping this place wasn't like D.U.C or GS)

:icon_eek:

[bunnerabb]

http://d.yimg.com/ec/image/v1/release/186622240;encoding=jpg;size=300;fallback=defaultIm age

[bunnerabb]

I just thought I'd add, that Benny Mardones, Cyndi Lauper, Joe Cocker, Peter Gabriel, Steve Earle, Levi Stubbs, Wolfgang Mozart, Ludwig von Beethoven, Pat Benetar and Tom Waits have all died for your sins more times than you can redeem.

[John Eppstein]

I don't get why people would be mad about it...

I don't think anyone's really mad about it. You should see what happens around here when people DO get mad. I'd recommend the Ethan Winer thread as a place to start.......

as my original statement included NOTHING remotely hostile....


No, just what some might view as being a bit arrogant with a large measure of ignorance thrown into the mix. Ignorance is no sin as long as you're willing to learn, but around here if you're gonna be arrogant you'd better have something pretty damn special to back it up.

To borrow a quote from Slipperman from Unfcknblvbl's sig line:

You've wandered into the online audio equivalent of a Black Panther meeting, dressed like a Yuppie golfer, remarking aloud that you wonder if black people really do like fried chicken, watermelon and grape soda.

[Ari-M.]

I just thought I'd add, that Benny Mardones, Cyndi Lauper, Joe Cocker, Peter Gabriel, Steve Earle, Levi Stubbs, Wolfgang Mozart, Ludwig von Beethoven, Pat Benetar and Tom Waits have all died for your sins more times than you can redeem.

even though you dislike me...I love you

:vuvu:

Jesus also made that claim...look where it got him...eff'n romans...they are all the same

[Ari-M.]

I don't think anyone's really mad about it. You should see what happens around here when people DO get mad. I'd recommend the Ethan Winer thread as a place to start.......



No, just what some might view as being a bit arrogant with a large measure of ignorance thrown into the mix. Ignorance is no sin as long as you're willing to learn, but around here if you're gonna be arrogant you'd better have something pretty damn special to back it up.



you do realize that my comments to and about Ethan on GS is/are what got me invited to this forum to begin with?....in fact you were the one who copied my posts from GS to the Ethan Facepalm thread.....

I am an arrogant man...that I can freely admit, and I don't feel terribly bad about it....and of course anything that I may or may not to have to back it up is relative to your own point of view...

I mean I am a bit surprised I haven't been banned from here yet....I suppose that's a vote in my favor....my rep did go to shit overnight though....:very happy::doubledeuce:

I have a lot of personal dealings with Mr. Winer (notice I didn't spell it Mr Winer) and I find that guy to be pure comic genius...him and his cats

but as you said so many months ago, they only stick around for the food and scratch behind the ears...hi John

:lol:

[otek]

instead some folks want to claim I am screaming "copyright infringement" (otek)....

Let's be clear about this: I used the term "copyright infringement" just like that, within quotation marks, to indicate the term was not to be taken literally but as an indication of which thread I was talking about.

Besides, what would you call it when one claims someone is using a name which one has registered to one's business as a trademark?


otek

[Ari-M.]

Let's be clear about this: I used the term "copyright infringement" just like that, within quotation marks, to indicate the term was not to be taken literally but as an indication of which thread I was talking about.

Besides, what would you call it when one claims someone is using a name which one has registered to one's business as a trademark?


otek


show me where I mention anything about a trademark?

you are trying very hard otek....and I am not impressed....

please re-read the thread if you are confused

[otek]

Oh please.

You are being deliberately obtuse at this point.


otek

[Ari-M.]

Oh please.

You are being deliberately obtuse at this point.


otek


no, otek...that is the description of what YOU are doing....you sift through the post and you show me once where I mention trademark or anything to do with copyright

until you can point that out, or anything that resembles it, you are on a mission to try and get under my skin...and the only thing it is accomplishing, is you getting yourself in a tiff....I find it a bit comical...

not mad at ya' bruh...you do whatever makes you feel like the bigger man...even if it ignores plain facts....

I will eagerly be awaiting your findings

[bunnerabb]

Here's los deal.

Everybody here, august and true, has decided that you're selling something.

You've been dancing.

Siddown, pour a beer, talk straight shit or bail. With or without me, those are your options. I ain't shit here but I can cut the malarkey. Your move, Ahab.

[clarito]

I think otek might be talking about your first post, where you implied that you could ask them to stop using the name if you wanted to, which seems to suggest that you would have some legal reason to back that up (i.e. possession of trademark or copyright). Of course, you later went on to state that you don't own the trademark or copyright, but your first post seems to suggest that you want the admins of the womb to "recognize" your possession of the name.



I won't ask that you discontinue using the name, because I like you guys....but please recognize

the name has been registered and running since 2005 (approx.)

BTW -I'm not trying to start shit, I'm just trying to help out.

[Ari-M.]

Here's los deal.

Everybody here, august and true, has decided that you're selling something.

You've been dancing.

Siddown, pour a beer, talk straight shit or bail. With or without me, those are your options. I ain't shit here but I can cut the malarkey. Your move, Ahab.


explain what is being sold? it's certainly not my service, as that is private and I am not able to handle anymore traffic at this time...

I have explained it a dozen times....in business it's a professional courtesy for one business to inform another that they share similar DBA's and or usages....that way no one is surprised, angry or likely to cause issue over it, if one party or the other chooses to exploit the name for profit down the road...

I don't know how much straighter that can get...

your move Scotty

and yes I did the professional courtesy of informing more than a few businesses with similar names, that I would be and am actively using the name....JCpenny was gracious enough to say thank you for the heads up, and no we will not sell you the domain...

to top it off I even said back on page one of this, let's just delete the thread, because it represents no benefit...so if I was selling something it certainly went out the window at that point....yet people continue to reply to the thread....and demand some response from me

like I said, kill it with fire....I am not here to sell a damn thing....just to say hey I use that name as well, and I have no issue of you using it as well....what the hell?? *confused*

[Ari-M.]

I think otek might be talking about your first post, where you implied that you could ask them to stop using the name if you wanted to, which seems to suggest that you would have some legal reason to back that up (i.e. possession of trademark or copyright). Of course, you later went on to state that you don't own the trademark or copyright, but your first post seems to suggest that you want the admins of the womb to "recognize" your possession of the name.




BTW -I'm not trying to start shit, I'm just trying to help out.


thank you for a reasonable reply....as I was trying to help out by stating that I also use the name...and I am fine with it being used and it shouldn't be a point of concern for either one of us....hell what if the forum came to me and said "hey we see you are using mixIT" and we use that name also, and we have a problem with you using it....

do you see where I am coming from....like I said if this is a big deal, why not let it lie...and everyone stop responding to the post....

deleting the original post now....this has gotten beyond juvenile

[vocalnick]

deleting the original post now....this has gotten beyond juvenile

On that point at least, I expect you'll get little disagreement.