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").
--
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Jim LoVerde, Sr. Technical Architect
nVISIA, http://www.nvisia.com
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