At 09:23 PM 7/18/2001 -0500, you wrote:
>You are correct regarding enforcement. Hence the reason that they sent
>Paul the "cease and desist" notice. However, that only means that they
>took a cursory glance at JDE, saw that there might be a conflict and took
>the appropriate measure to notify the potential violator.
>
>They are probably unaware of the duration of time that JDE has been used
>as well as the details of what it really is and the fact that the full
>name is "Java Development Environment". For these reasons it seems
>perfectly valid to provide them with the facts regarding the product,
>provide several possible solutions, and request further information with
>regard to their ownership of the trademark, and which sections of the law
>they are citing as a violation.
>
Here is the meat of their claim:
"Your use of "JDE" in your organization name and on your web site is likely
to cause consumer confusion as to possible affiliation or sponsorship by
J.D. Edwards and confusion as to the source, origin, or approval of goods and
services offered by your organization. Such use, without authorization,
constitutes
infringement of J.D. Edwards' rights in its marks and unfair competition, even
if a disclaimer is included."
Needless to say this claim is patently absurd. First, I have no
organization so it is factually wrong. Secondly, my website makes it clear
that JDE stands for Java Development Environment so there is no possibility
of a consumer confusing my software with any product or service offered by
J.D. Edwards. My site nowhwere mentions J.D. Edwards or any of its product
or services. Thirdly I do not offer any product or service that competes
with any product or service offered by J.D. Edwards.
[snip]
>I would not recommend asking them if JDEE is an acceptable name without
>first changing the name of the product on the web site and getting formal
>proof of use of the name (after which any future trademarking is
>irrelevant due to common law). Otherwise, they could submit an ITU
>trademark registration for the new name prior to that decision.
>
I have just changed the website back to use JDEE to forestall such a move.
- Paul
