1. RE: fake Eu?
- Posted by irv at take.maxleft.com
Aug 09, 2002
Kat wrote:
> Rob, is this legal?
>
> http://www.euphoriascript.net/
There's not much he can do about it,
unless he has registered Euphoria as a trademark,
AND he can afford a school of hungry lawyers.
On the other hand, Rob should go ahead and register it,
because sooner or later some company is going to come out
with some totally unrelated product (hemorrhoid treatment,
nite-time sleep aid, or whatever) by the same name, and then
try to force Rob to change the name of his software.
Having been duly registered for a few years is good insurance
against such events.
Irv
2. RE: fake Eu?
Hi Kat :)
Actually...as long as Robert can prove when he established using=
the TM with Euphoria, a company with a registered Mark cannot=
force him to change the Euphoria name. Registered marks do not=
have priority over already established TM. Any company can use a=
TM without registering (R). But a company must prove when it=
began using the TM if any disputes arises. Also, Euphoria Lotion=
cannot sue Euphoria software for using the same name. Both=
companies could register the name because they are in a=
different class. You also have to factor in location. Trade Mark=
laws vary from country to country. Besides; TM lawsuits are very=
expensive and not worth the hassle.
Best regards,
Chris
On Fri, =A09 Aug 2002 17:53:12 +0000, irv at take.maxleft.com wrote:
>
>
>Kat wrote:
>>Rob, is this legal?
>>
>>http://www.euphoriascript.net/
>
>There's not much he can do about it,
>unless he has registered Euphoria as a trademark,
>AND he can afford a school of hungry lawyers.
>
>On the other hand, Rob should go ahead and register it,
>because sooner or later some company is going to come out
>with some totally unrelated product (hemorrhoid treatment,
>nite-time sleep aid, or whatever) by the same name, and then
>try to force Rob to change the name of his software.
>Having been duly registered for a few years is good insurance
>against such events.
>
>Irv
>
>
>
>
3. RE: fake Eu?
- Posted by irv at take.maxleft.com
Aug 09, 2002
Christopher B wrote:
>
> Hi Kat :)
>
> Actually...as long as Robert can prove when he established using >the TM
> with Euphoria, a company with a registered Mark cannot force >him to
> change the Euphoria name. Registered marks do not have >priority over
> already established TM. Any company can use a TM >without registering
> (R). But a company must prove when it began >using the TM if any
> disputes arises. Also, Euphoria Lotion cannot >sue Euphoria software
> for using the same name. Both companies >could register the name because
> they are in a different class. You >also have to factor in location.
> Trade Mark laws vary from country >to country. Besides; TM lawsuits are
> very expensive and not worth >the hassle.
Well, I guess we'll see how long Rob gets to keep the name.
>From the USPTO, it appears that in addition to Euphoria
water, Euphoria wine, and Euphoria beauty products,
the following has been registered as a trademark for
software:
from the USPTO:
Word Mark
EUPHORIA
Goods and Services
IC 009. US 021 023 026 036 038. G & S: Software for interactive digital
television to be integrated into settoD boxes or integrated digital
television to enable interactivity via the TV
(APPLICANT) Koninklijke Philips Electronics N.V. CORPORATION NETHERLANDS
Groenewoudseweg 1 Eindhoven NETHERLANDS
FILED: June 17, 2002
Irv
