Bryan J. Smith wrote:
> On Tue, 2005-08-23 at 23:02 -0500, Mike McCarty wrote:
>
>>My company had no contractural relationships with Company B
>>whatsoever.
>
>
> Well, I was trying to follow your logic.
> You changed it in your follow up.
>
> Based on that, you _did_ sell products that were marketed with Company
> B's trademark? Correct?
Umm. Before the trademark, yes. Not after.
>>No. There were no such agreements. There was exactly one piece of
>>software (in many parts) owned wholly and completely by my company.
>>Nothing was owned by Company B which Company A acquired by any means
>>whatsoever.
>
>
> Again, please re-iterate in the A, B, C?, D? nomenclature.
>
> A is the software developer/reseller
> B are the clients
> C is the trademark holder (even if ex-post-facto)
> D is someone who licensed something to A (?)
>
> Did A use C's trademark publicly?
> Did A use C's trademark in any context?
> Is there a D?
> Is D the company that originated the name (now trademarked)?
>
>
>
No need for C and D, they don't enter into the situation.
Company A developed software and hardware. It knew nothing about
Company B.
Company B knew nothing about Company A.
Company A used names for the software and hardware it developed for
more than 20 years. By an oversight, it did not trademark those names.
Company B, independently of Company A, later developed products
somewhat similar to Company A's products. Company B trademarked,
in its country, the names Company A had been using for 20+ years.
A short time later, Company B discovered that Company A existed,
and was and had been using the names which Company B had recently
trademarked.
Company B contacted Company A and demanded that Company A cease to
use Company B's trademarked names.
Neither Company A nor Company B ever purchased, licensed, resold,
marketed, published, or in any other manner obtained anything the
other company produced. Neither had any contractural agreements with
the other at any time.
They did have a some sort of agreement that Company A had some time
to remove the use of Company B's trademark from all literature,
source code, etc, and that Company B would not pursue Company A
legally during the "grace period", in order that Company A could
continue doing business w/o being stopped dead in its tracks.
(This is the "official" version. Many at Company A considered
that Company B knew about Company A's products and names, and
deliberately abused the oversight to "steal" the goodwill and
reputation associated with those names by trademarking them.
I'm giving everyone the benefit of the doubt in my recounting.
Certainly, Company A was well-known, and its products had
a fine reputation at the time.)
Mike
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