It sounds like they have already contacted an attorney about this
matter. I would recommend that they have their attorney let the
registrant know that they intend to challenge their mark. Often times
this will result in some agreement between the parties without getting
into a protracted legal battle which is usually negative for both
sides. I would try the carrot first, before I tried the stick.
Regards,
Gerry
On 09/23/2010 03:47 PM, Jörg Sawatzki wrote:
Gerry,
the x2go trademark is registered with DPMA in the areas computer,
software, and financial services.
If it was registered as "food" or "washing powder", it would be
allright. But this will definitely cause them lots of trouble after the
opposition period has expired.
Jörg
Am Donnerstag, den 23.09.2010, 11:21 -0400 schrieb Gerry Reno:
On 09/23/2010 09:37 AM, Jörg Sawatzki wrote:
Hey Eli,
they will have to change the name/domain anyway!
The brand/name "x2go" is registered with DPMA (the German patent and
trademark registry institution) and is owned by "sino
Aktiengesellschaft" in Düsseldorf. Well, and they would have to prove
that they have been using the "x2go" term before those guys - and they'd
have to do that before the opposition period has expired.
As their responsiveness is very slow, they'll either miss the deadline
or they don't want to bother a lawyer again to get the forms correctly
filled out. :)
There are individuals and companies that are squatting both domain names
and trademarks. The question would be, what date was the mark "x2go"
registered and what is the scope of the registration. In other words
you can have two entities that register the same mark but for use in
different markets. For example, Ajax is a cleanser, Ajax is also a web
technology. And even if it is the same market, it comes down to who was
the first to use the mark "x2go" in a commercial transaction.
Regards,
Gerry
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