Help zenbilling find a new name – backstabbed by $85M-in-VC-funding zendesk(calvinconaway.com) |
Help zenbilling find a new name – backstabbed by $85M-in-VC-funding zendesk(calvinconaway.com) |
Your software is often used in conjunction with zendesk, you say it yourself and they both use "zenX" branding.
To me that could easily lead to confusion as a customer might believe they are are part of a suite of SaaS offerings under the "zen" brand (i.e. zendesk branching out).
I make no comment on the rest of the story, just that specific bit.
[Edit]: Maybe I should have said 'low-ranking imps advocate' instead :p
> Yes, we both use the “zen” moniker as part of our names, yes both are SaaS. But we’re not targeting the same customers or solving the same problem.
> On the contrary: Both I and many of my customers use zendesk alongside zenbilling.
There is an overlap between what they do and both using 'zen' can easily be interpreted as affiliation between the 2 companies.
I don’t assume there is an affiliation between the zencoder and zendesk. Personally I wouldn’t think there was much overlap between Billing and Customer Support, either - and I would not be confused in the least. (From the names - branding could clearly connect the 2)
Plus the number of startups with Zen in their name is huge: http://www.crunchbase.com/search?query=zen (which is a bad query as it excludes zen embedded in the name like we are discussing - but good as the number of relevant results is still ~30. And it’s the best I could find on short notice.)
anecdotally, I don't use either, but i 've heard of zendesk, and would naturally associate zenbilling with them.
I believe they also had a problem with a company named FreshDesk which was a direct competitor.
I just see a company being bully here.
ZenDesk on the other hand cannot be said to do the same.
As an aside, the post starts by saying "it's not something to get worked up about" -- and then proceeds to do nearly exactly that, detailing even his email "exchange" with the CEO.
I think he pretty clearly states that it's not the technicality, or legitimacy, of the trademark dispute that is bothering him, it's the fact that his friend of 12 years did not treat him like the friend he thought he was by speaking to him like a normal human being. Instead, the "friend" hid behind his lawyers to do the deed.
If you say you are friendly with Zendesk, why did you name your product Zen-something if there is no strict affiliation between the companies, it doesn't make any sense, it should be lesson for others. The thing is that "being friendly" is not really tangible in legal terms. In fact it's the "being friendly" part that probably brought this on because if Zendesk hadn't heard of you and their customers weren't using Zenbilling then your application would probably have done through without hassle.
I know, and probably Zendesk do too, that what they are doing isn't strictly "nice" to you. But there wasn't any official partnership or other deal or agreement in place and that ultimately means there is no relationship between the companies.
What you are doing is right, find a new name and move on. But don't let it spoil your "friendship", and although probably there's no room for "favours" anymore, keep your mind open for mutually beneficial agreements instead.
In any case, the victimized tone of the article is about as un-Zen as it gets.
Why would you say this? Gautama Buddha was a very pragmatic leader (not allowing sick and handicapped to seek refuge in his temples because this would drive away wealthy supporters), and Buddhism is still very much rooted in the present and in the actual reality when contrasted against religions that rely on some concept of "afterlife".
Its a pity for innovation that this can be done through financial means rather then hashed out between the parties.
Register trademarks early. They trump domain names.