Actually, I found a site with quite a bit of information on Trademarks and
Copyrights (of course, I can't vouch for the accuracy). It is
http://www.nolo.com/encyclopedia/faqs/tc_ency.html.
With regard to "commerce", it appears that there is no requirement to actually
sell a product using a trademark:
http://www.nolo.com/encyclopedia/articles/tc/PCT28.HTML#FAQ-326
>From what I can tell, it looks like the basis of JD Edwards claim must be that
JDE "dilutes" their brand:
http://www.nolo.com/encyclopedia/articles/tc/PCT28.HTML#FAQ-328
http://www.nolo.com/auntie/question_420.html
Alternatively, it may be based on the "intent-to-use" trademark, which means that
the date of filing would be considered the date of first use, assuming they
actually use it within the required time limits.
(http://www.nolo.com/encyclopedia/articles/tc/PCT28.HTML#FAQ-327)
Given that they filed in 1999 and that they have up to three years, this might
still be a valid claim.
However, here are examples of other companies/orgs/products using the JDE name
(from a simple traversal of a search for JDE on google):
http://jde.opencon.ch/ (company around since 1994, albeit based in Switzerland)
http://www.jde-consulting.com/ (registered May 4, 1999)
http://www.jdecm.com/ (features JDE prominantly as part of logo)
http://www.sba.muohio.edu/PageCenter/JDE/about.htm (also features a JDE logo)
http://www.adea.org/publications/jde_general.htm (yet another logo)
http://www.lib.unb.ca/Texts/JDE/homepgENG.html
Also, looking at http://www.jdedwards.com and searching for JDE on their own site
it would appear that there is only a single mention of a product with the name
"JDe.Sourcing":
http://search.jdedwards.com/Search/Results.asp?q=JDE&MaxRecordsPerPage=10&SortBy=rank&HTMLQueryForm=http%3A%2F%2Fwww.jdedwards.com%2Fsearch%2Findex.asp
So doing a little IANAL research it appears as though they would have a hard time
proving that they have built JDE into a strong enough brand to warrant the
dilution claim (their own company logo creates a split between the JD and the
Edwards). And I can't even find a reference to "JDE" as a direct usage on their
own web site, so I'd be curious if they could prove they had used the name prior
to all of the above sources.
Of course, this doesn't mean they won't pursue litigation, and limited resources
would make it difficult to fight. I am curious if they would object to the name
EmacsJDE.
Paul Kinnucan wrote:
> Hi all,
>
> According to http://www.uspto.gov/web/offices/tac/doc/basic/basic_facts.html,
> you have to have used, or intend to use, a name "in commerce" in order to
> apply for trademark status for the name. A freeware developer by definition
> does not intend to use the name of a freeware product in commerce. Is it
> thus illegal for a freeware developer to attempt to trademark a freeware
> product name? On the other hand, does the law forbid a noncommercial
> organization from using a trademarked term in its literature?
>
> I wonder if my predicament has ever been tested in court, i.e., a
> noncommercial organization being sued by a commercial organization for
> trademark infringement.
>
> - Paul
