Hello,
allow me to forward Evan Bennett's mail titled
"Sun's Java Trademarks". Here we go:
Evan R. Bennett, Esq.
E-Mail: [EMAIL PROTECTED]
Direct Dial: 650.335.xxxx
June 14, 2004
BY ELECTRONIC MAIL
RETURN RECEIPT REQUESTED
Gerald Bauer
The Java Republic/ VA Software
Re: Use of Sun Microsytems, Inc.'s JAVA Trademarks
Dear Mr. Bauer:
Our firm represents Sun Microsystems, Inc. ("Sun") in
intellectual property and trademark matters. We write
to request your assistance in addressing a matter
relating to Sourceforge.net's use of Sun's Java(tm)
trademarks. Unfortunately, as we discuss in more
detail below, Sourceforget.net is currently using
Sun's Java trademark in a manner that is inconsistent
with Sun's Trademark & Logo Usage Requirements. Sun
greatly appreciates the industry's support of Java
technology. However, Sun needs your assistance to help
protect that technology. As you know, Java is a Sun
trademark that is used to designate certain Sun
technologies, as well as Sun products and services
incorporating those technologies. By protecting the
Java mark, Sun also protects the underlying technology
and our licensees, by ensuring that only goods and
services that meet our stringent criteria qualify to
bear our Java compatibility logos and make other
appropriate references to the Java mark. Maintaining
a strong Java trademark is one of the many ways in
which Sun seeks to ensure that the Java technologies
continue to meet the needs of our entire user
community. We hope you understand that in order for
Sun to preserve the strength of the Java marks and to
preserve the compatibility and other benefits of Java
technology, trademark law requires that Sun monitor
use of its Java and Java-based marks by others and, in
some circumstances, take steps to ensure that these
companies and individuals change the way they use
Sun's Java mark. To assist others in making proper
use of Sun's Java and Java-based trademarks, Sun has
published Trademark and Logo Usage Requirements
("Trademark Requirements") on its website at
<http://www.sun.com/policies/> trademarks.
In recently reviewing your company's web site at
<http://viva.sourceforget.net/republic/>, we
discovered that there are instances where your company
is not in compliance with the Trademark Requirements.
The following are some examples of the misuses that we
identified on your web site, and how we suggest
correcting them.
1. Java is a Sun trademark, and therefore the word
Java or any confusingly similar term should not be
used in another company's trademarks, product or
service names, or web site titles. On your web site
at <http://viva.sourceforge.net/republic/>, you use
the term "The Java Republic: Chronicle of the Free
Java Now Campaign" in the title of your web pages and
as a service name. We must ask that you correct this
misuse of the Java mark. While you may not use Java
in the name of your web site or your services, you may
make certain "fair uses" of the Java mark if your
services are related to Sun's Java technology. For
example, Sun does allow use of the term "Java" in a
descriptive tagline such as "for the Java(tm)
technology" where the services have an otherwise
distinctive name. An appropriate use here would be,
"The Republic:" followed on a separate line, or in a
different font, with "for discussion of Java(tm)
technology" or "regarding the Java(tm) platform."
2. As specified in Sun's Trademark Requirements,
please use the TM symbol after the first and most
prominent use of each Java-based trademark (e.g., in
titles, headlines, taglines, paragraph headings, frame
text etc.), and after first use of the mark in text.
For example, your web page at
http://www.viva.sourceforge.net/republic/ contains the
heading "The Java Training." An appropriate use of
Sun's trademark would be "Training in Java(tm)
Technology." The headings on the URLs linked from you
"Latest News Bytes" sidebar should be similarly
revised.
3. Finally, Sun would appreciate it if you would
indicate on your website that Java(tm) is a trademark
of Sun. Unless required to use a more specific legend
by any license you may have with Sun, please display
the following legend on your website and in any
marketing material that prominently displays Sun's
Java trademarks: "Java and all Java-based marks are
trademarks or registered trademarks of Sun
Microsystems, Inc. in the U. S. and other countries."
We would appreciate it if you would confirm in writing
no later than June 10, 2004, that you will make the
requested changes, and would be happy to work with you
to provide guidance or education to ensure proper use
of Sun's trademarks. If you have questions about any
of the above or the proper use of Sun's trademarks in
general, please feel free to contact me at (650)
335-xxxx or via e-mail at [EMAIL PROTECTED] Thank
you. Sincerely,
FENWICK & WEST LLP
Evan R. Bennett
Evan R. Bennett
Fenwick & West LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041
vox: 650.335.xxxx
fax: 650.938.xxxx
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