Re: [ot?]Trademark Alpha
From: Don Sykes (paladin_at_mydomain.com)
Date: 03/30/04
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Date: Tue, 30 Mar 2004 19:41:31 GMT
Kenneth Farmer wrote:
> "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
Thanks for the info Ken. This may come in handy.
-- Have VMS, Will Travel Wire paladin, San Francisco (paladinATalphaseDOTcom)
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