I stopped by the Patent and Trademark Office website and looked at
Gateway's trademark records. I can see why they haven't followed up on
their threat. They didn't actually file a trademark using a cow until
*after* the letter they sent to you. Also, it's a US trademark and you're
in Canada. It appears that the CEO sent this letter before getting a
legal opinion and later found out they had no case. Now you have legal
documentation that you were using the Cows logo before they filed their
trademark that had a cow in it. Dumb move on their part.
Also, there are now the legal problems of Laches and Aquiesence (waiting
too long to file a valid claim and giving the appearance that it was OK
as a result of the delay or lack of action)
Also, Tucows services aren't close enough to Gateway's and your logo is
too different from their "spotted box" or their stupid cow standing at a
sign post.
We've been fighting with Intel over our Website at www.WinTel.com and
have learned a lot about the sleazy tactics and coercion used by a lot of
the larger computer companies. Intel has gone as far as using blatant
fraud and extortion against us. Too bad for them that we stood up to
their illegal tactics and demanded that the Trademark Trial and Appeal
Board act on their misconduct.
I'd say the Gateway threat is a non-issue.
By the way, I'm not an attorney, just a knowledgable victim...
Charles Daminato 6/28/01 8:30 AM
>This was passed around today at the office, and while a little off topic,
>it might bring a smile (pardon the link if she's broken...)
>
>http://groups.google.com/groups?q=tucows&start=25&num=25&hl=en&safe=off&rnum
>=27&ic=1&selm=01bbe260%24f69f6680%24105388cf%40home.idirect.com
>
>
>Charles Daminato
>TUCOWS Product Manager
>[EMAIL PROTECTED]
>
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Lawrence "Buddy" Page
DataShapers, Inc.
http://www.datashapers.com
[EMAIL PROTECTED]
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