Re: [ot?]Trademark Alpha

From: Andy Bustamante (a_c_bustamante_at_earthlink.net)
Date: 03/31/04 

Date: Wed, 31 Mar 2004 00:17:49 GMT

One caution, an offer to sell your domain name could be expoited as "proof"
that you're cyber-squatting and used as evidence to force the transfer.
Best of luck 

-- 
Andy Bustamante
Remove the ASCII 95s for e-mail
"Daryl Jones" <jones.computer.srv@worldnet.att.net> wrote in message
news:8a646952.0403301438.516e36e9@posting.google.com...
> 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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