Re: [ot?]Trademark Alpha

From: Kenneth Farmer (KFarmer_at_NOSPAM.SpyderByte.com)
Date: 03/30/04 

Date: Tue, 30 Mar 2004 17:44:44 GMT

"Don Sykes" <paladin@mydomain.com> wrote in message
news:BL5ac.44144$dD1.13226@newssvr25.news.prodigy.com...
>
> Then, this past Friday, I got a 'cease and desist' order from the
> attorneys representing "Alpha Software, Inc." charging me with Trademark
> Infringement. They are insisting I give up BOTH names as well as my
> domain name! Since their domain name is "AlphaSoftware.com" you'd think
> they'd be happy as clams. But now they want mine as well!
> Ironically, they are a Burlington Mass based corporation (probably a
> stone's throw from an old DEC office). It's also odd, I think, that even
> though they have nothing to do with the Alpha processor, they managed to
> coexist with Digital when it trademarked Alpha as their chip set.
>
> Since I now have to prepare for a legal battle with a MUCH larger foe,
> I've been doing a lot of research into Trademarks and their usage. The
> biggest factor seems to be confusion in the marketplace. Which leads to
> a question for this group.

http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=9ahsfv.1.1

Word Mark: ALPHA SOFTWARE CORPORATION
Goods and Services: IC 009. US 038. G & S: Prerecorded Computer Programs for
Use in Business, Scientific and Personal Computers. FIRST USE: 19820320.
FIRST USE IN COMMERCE: 19820320
Mark Drawing Code: (1) TYPED DRAWING
Serial Number: 73366792
Filing Date: May 27, 1982
Current Filing Basis: 1A
Original Filing Basis: 1A
Published for Opposition: September 6, 1983
Registration Number: 1259263
Registration Date: November 29, 1983
Owner: (REGISTRANT) Alpha Software Corporation CORPORATION MASSACHUSETTS 6
New England Executive Park, Suite 400 Burlington MASSACHUSETTS 01803
(LAST LISTED OWNER) ALPHA SOFTWARE INC CORPORATION NOT PROVIDED 83 CAMBRIDGE
ST SUITE 3B BURLINGTON MASSACHUSETTS 01803
Assignment Recorded: ASSIGNMENT RECORDED
Attorney of Record: EMANUEL D TORTI
Disclaimer: No claim is made to the exclusive right to use the words
"Software Corporation", apart from the mark as shown.
Type of Mark: TRADEMARK
Register: PRINCIPAL
Affidavit Text: SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20031210.
Renewal: 1ST RENEWAL 20031210
Live/Dead Indicator: LIVE

Ken 

--
Kenneth Farmer  <><
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