The following is a joint statement from Brian Hamachek and WhosHere, Inc.
I would like to give an update on the status of the disagreement between WhosHere and me. I am happy to say that WhosHere has agreed to dismiss its lawsuit and I will continue to use the name WNMLive!
WhosHere has asked, and I have agreed, to clarify a few things.
First, when WhosHere initially approached me approximately two years ago we came to an agreement (without any lawyers) that I would change the name of my app to WNMLive. Over time, I forgot the specifics of the agreement and unintentionally reintroduced the app’s original name; which I now understand is the sole reason they hired attorney to enforce their trademark rights.
Second, in my urgency to get my blog post out, I lost track of the specific timing of a few of events. In my original blog post, I stated, “About a year ago, I received a cease and desist letter from WhosHere”. In fact, what they sent at that time was an email from WhosHere, not their legal counsel, informing me of their trademark and asking if I would change my app’s name and branding, which I agreed to do. I point this out because referring to this as a ‘cease and desist’ notice implied that WhosHere took a litigious approach from the outset. It is more accurate to say that we reached an agreement, in a friendly manner, without lawyers.
Finally, while I have no idea what happened to the one document in the lawsuit that I did not receive, WhosHere has shown me sworn affidavits from everyone who touched the paper work confirming that everything was sent to my company via certified mail. I still believe an error was made, but in light of what WhosHere has shown me I am confident that WhosHere and its attorney did not mislead me. They did everything on the up and up.
Needless to say, I am thrilled to be able to put this issue behind us.
We want to thank Brian for working with us to resolve this matter. We are happy with the resolution of the dispute and the clarifications Mr. Hamachek has made.
This was always just about defending our brand name. We did not have any interest in making money off of Brian, or taking over his IP. We are glad that Brian was willing to meet to hear our perspective, change the name of his app and appreciate that he has helped clarify the issues that were at play.
Bryant Harris and Stephen Smith