Re: [ot?]Trademark Alpha

From: Thomas Wirt (twnews_at_kittles.com)
Date: 03/31/04 

Date: 31 Mar 2004 07:21:37 -0800

Don Sykes wrote:
>
> 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

I am no lawyer, and I could be way off here, but I remember hearing
when Digital first decided to use Alpha for the actual product name,
that they were reluctant because you could not trademark a single
Greek (or English) letter such as Alpha. I have discussed this as
friendly conversation over the years with several attorneys that I
know and they have always agreed. If this company is claiming a
trademark on Alpha I think that you explore if this is even possible.

> 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." ?
>

I have never confused your company with theirs.

> Also, any little-known information you may want to share on this foe
> will be welcomed.
>
<snip>

Good Luck

Thomas Wirt

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