On Monday 20 Sep 2004 16:09, Hallam-Baker, Phillip wrote:
The issue is not necessarily one of Registered Trademark protection.
A registered trademark provides an advantage in establishing priority
and in claiming damages BUT it is also possible to infringe a
mark even if it is not registered. There is a common-law tort
in the UK called 'Passing-Off'.
It would be one thing if the other 'sender-id' mark was being used
by a dohnut shop, but in this case the product is in the same field.
I certainly do not want to end up with a lawsuit over a name. I like
the idea of having a simple self-explanatory name. One thing that we
might do is to use a name that has already been checked for trademark
etc. We did this earlier with some names we were going to use for
our email signing authentication scheme that we developed two years
ago. I won't mention the name on the list though till I have checked
on the IP.
Phill
To stave off any potential comeback, assuming it's not already taken would it
not be prudent to recommend changing the disputed mark to "Sender
Identification" - it's at least as meaningful and doesn't (as far as I know)
conflict with any other registered trademarks.
According to TESS the "sender-id" trademark lapsed in 2000.
Thoughts?
--
If Mind over Matter is a Matter of Course,
Does it Matter if Nobody Minds?
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