Mail Archives: djgpp-workers/2002/06/22/13:30:40
Hello.
DJ Delorie wrote:
>
> > I've just been informed that I face litigation if I don't stop using
> > the Zippo trademark.
>
> I checked the trademark database, there are multiple companies holding
> TMs to "zippo" so it can't be a full-coverage trademark. As long as
> we don't make lighters we should be OK.
>
> > (Zippo is a brand of cigarette lighters.)
>
> I don't think djgpp can be confused with cigarette lighters.
I looked at the (UK parliament's) Trade Mark Act 1994 and most of the sections
deal with infringements in similar categories of goods or services. Zippo
lighters clearly aren't in a similar category to computer software package
managers. But there's also a section (10(3)) about taking unfair advantage of
similar/identical trademarks and usage detrimental to these trademarks. This
is the section that they say I'm infringing.
I don't see how they can prove that using "zippo" as the name of a computer
software package manager takes advantage or their trademark or is detrimental
to their trademark in any way. But I don't want any litigation, so I'd rather
just change the program's name.
Bye, Rich =]
--
Richard Dawe [ http://www.phekda.freeserve.co.uk/richdawe/ ]
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