[no exit from the litigatory nuthouse]
Can it, Spam firm tells American software makers George Wright Saturday July 5, 2003 The Guardian A legal battle for the right to incorporate the word spam in the trademark of software companies has begun in the US. Hormel Foods, the makers of Spam luncheon meat, are challenging a technology company in Seattle which wants to trademark SpamArrest, the name of its software for email users. Brian Cartmell, SpamArrest's chairman and chief executive, said: "Spam is a common term describing unsolicited commercial email. "Dozens of companies use the word spam in their legal and commercial names and no one confuses any of us with the Hormel canned meat product." He pointed out that Hormel itself says on its website that it does not object to the word being used for unsolicited emails, provided that the product image is not associated with it. But Hormel, which produces a wide range of ready meals and meat products, has challenged SpamArrest's trademark application. In an objection sent to the US Patent and Trademark Office it argues that it has built up "substantial goodwill and good reputation" for the Spam brand name, which would be damaged by SpamArrest's use of the term. The Washington Post reports that the company said that SpamArrest's name so closely resembled that of its luncheon meat that the public might become confused, or might even think that Hormel endorses SpamArrest's products. Derek Newman, the Seattle lawyer who who represents SpamArrest, said: "Inexplicably, Hormel is challenging anyone who uses the word spam as part of a trademark. "Spam has become ubiquitous throughout the world to describe unsolicited commercial email. No company can claim trademark rights on a generic term. SpamArrest is both our corporate name and an arbitrary trademark. "We are not claiming the right to use the generic term spam alone, but we will protect the name of our company and the brand of our product." Spam products began to appear on the shelves of US grocery shops as far back as 1937. Last year it sold its six billionth can of Spam. The full range stretches to Spam Lite, Spam Oven Roasted Turkey, Spam Smoke Flavored, and Spam Less Sodium.
