Re: [ot?]Trademark Alpha

From: Daryl Jones (jones.computer.srv_at_worldnet.att.net)
Date: 03/31/04

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    Date: 30 Mar 2004 14:38:42 -0800

    Dear Don Sykes:

    If you paid your $35 dollars for your domain name it is yours to keep
    until you stop paying for it. You could offer to sell them your domain
    name for a few tens of thousands of dollars (US). This is done quite
    often. As for trademarks, look at the discussion about the VMS
    trademark session which posted some good information.

    Good Luck!

    Daryl Jones
     

    Don Sykes <paladin@mydomain.com> wrote in message news:<BL5ac.44144$dD1.13226@newssvr25.news.prodigy.com>...
    > This is a sad tale that may lead me to a bright, new career in the dog
    > walking industry.
    >
    > A Digital employee until 1992, I was shocked when I was caught in the
    > 2nd round of layoffs and given severance. My reaction was to create my
    > own consulting business. Naturally enough, I wanted to associate myself
    > with the new Alpha processor. So, with Digital's consent, I filed my
    > business papers - DBA: "Alpha Software Engineering". Eight years later,
    > with Digital gone and little hope for Compaq's investment in VMS, I
    > threw myself into Java application development and incorporated as well.
    > Wanting to keep my domain name and association with my remaining VMS
    > customers, I incorporated as "Alpha Software Express, LLC". All the
    > while using the domain AlphaSE.COM (which stood nicely for either Alpha
    > Software Engineering, or Express).
    >
    > 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.
    >
    > Has anyone ever confused me (Alpha Software Express) with "Alpha
    > Software, Inc." ?
    >
    > Also, any little-known information you may want to share on this foe
    > will be welcomed.
    >
    > There is another troubling aspect. Was there a curse associated with Ken
    > Olsen ? Maybe one that said:
    > "You will have great favor & wealth and for 35 years people will love
    > your works.
    > But beware. As the century nears its end, all favor will be withheld and
    > your works shall be ridiculed as "legacy" and anyone who continues to
    > promote your works shall be forever doomed; or at least marginalized."

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