Mail Archives: djgpp-workers/2002/06/22/23:01:45
> I looked at the (UK parliament's) Trade Mark Act 1994 and most of the sections
> deal with infringements in similar categories of goods or services. Zippo
> lighters clearly aren't in a similar category to computer software package
> managers. But there's also a section (10(3)) about taking unfair advantage of
> similar/identical trademarks and usage detrimental to these trademarks. This
> is the section that they say I'm infringing.
>
> I don't see how they can prove that using "zippo" as the name of a computer
> software package manager takes advantage or their trademark or is detrimental
> to their trademark in any way. But I don't want any litigation, so I'd rather
> just change the program's name.
These sorts of legal notifications are common. If you don't protect your
trademarks you can lose them. In this case, there is zero chance you would
lose in a real court battle, but it would take time (and probably money).
But the act of sending you that letter shows in any future action (even
against other people) that they are actively protecting their trademark.
Quite often a letter in return, saying you fully respect their trademark,
your usage isn't similar, the source of your name, and whatever reasons you
think they are wrong sent back to them will make them leave you alone.
Sometimes not. But these letters are sent out by low level people in the
organization told to do it, and they don't know or understand the
difference between a lighter and a software package. These guys are like
bullies - they get 99% of their action with idle threats.
Sometimes an offer to recognize their trademark on web pages or
documentation with a statement that the product should not be confused
with their product or trademark is enough to make them go away. DJ's
fact that Zippo is trademarked for other usages also is a strong point in
any letter you might like to write. They might have to actually do some
research, or custom letter writing if you make a decent argument - which
costs them money - and that also makes them want to go away.
(For example, ask for further information how they believe you are
taking unfair advantage and/or how your usage is detrimental).
If you were to change it, I'd pick something like ZIPpm or something,
keeping ZIP in the name, maybe with the capitalization as such.
I'd think writing a letter would be simpler than making all the name
changes ... but it's your call. Good luck.
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