Another note with regard to JDEE. I think it would be perfectly legal
because there is no trademark for it, it is a fair description of the
product, and there a multiple examples of one letter off trademarks. E.g.
IBM, IBMA, IBME, IBMI, etc. NBA, NBAA, NBAF, etc.
It all comes down to the fact that sending a cease and desist letter seems to
be a standard practice (and in fact is required of a trademark owner to
retain the rights to a trademark). This doesn't mean that they will
necessarily pursue litigation if they find that you have a valid claim on the
name. None of that necessarily requires any court action.
My $.02....
Jim LoVerde wrote:
> OK, more legal research reveals the following. The basic
> defenses to trademark infringement claims are listed in 15
> USC 1115 (Title 15, Chapter 22, SubChapter III, Sec. 1115).
> See http://www.access.gpo.gov/ to browse the law. Quoting a
> portion of that section:
>
> > (4) That the use of the name, term, or device charged to be an
> > infringement is a use, otherwise than as a mark, of the party's
> > individual name in his own business, or of the individual name of
> > anyone in privity with such party, or of a term or device which is
> > descriptive of and used fairly and in good faith only to describe
> > the goods or services of such party, or their geographic origin; or
> >
>
> It would seem to me that JDE is a description of the Java
> Development Environment, and would fall under the category
> of fair use. I wonder if it wouldn't be worth replying to
> JD Edwards asking under what grounds, and which specific
> laws they feel the use violates. The basic tenant being to
> state that while you don't necessarily object to changing
> the name, you want to know the full details of why they feel
> your use is illegal. And you may want to provide the fact
> that you have been using the abbreviation JDE since 1998 (is
> that correct?). Furthermore, you could politely ask them
> for proof that they have indeed used the mark in commerce in
> compliance and/or has filed and received approval for the
> extensions of the "intent to use" of the currently
> registered trademark. (Refer to Title 15, Ch 22, Sub I,
> Sec. 1051 for rules regarding registration and intent to use
> extensions.)
>
> I guess what I'm saying it that depending on the verbage of
> the letter, it may still be possible to work out an amicable
> resolution. Obviously, I'm not a lawyer and perhaps my
> common reading of the law is flawed, but it seems to me that
> you're on pretty solid ground to retain the name and are
> well within your rights to ask for JD Edwards to provide
> proof that they indeed have complied with the requirements
> to secure the trademark, as well as what grounds they are
> using to contest your use of the abbreviation.
>
> I think the worst case next step would be that they file a
> federal request for an injunction which would legally force
> you to desist from using the name unless you contested in
> court.
>
> Also, despite the confusion there really should be any
> problem legally with JDEE (Java Development Environment for
> Emacs). There are currently no trademarks for that, and I
> don't think they can contest that at all. (I guess
> jmode-mode just rubs me the wrong way.)
>
> (Ironically, take a look at how many trademarks exist for
> TESS, which is the name used by the US Patent and Trademark
> office's "Trademark Electronic Search System").
>
> --
> ****************************************************
> Jim LoVerde, Sr. Technical Architect
> nVISIA, http://www.nvisia.com
> voice: 312-985-8178 pager: 800-862-0399 #17086723
> fax: 312-985-8101 epage: [EMAIL PROTECTED]
--
****************************************************
Jim LoVerde, Sr. Technical Architect
nVISIA, http://www.nvisia.com
voice: 312-985-8178 pager: 800-862-0399 #17086723
fax: 312-985-8101 epage: [EMAIL PROTECTED]
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