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Geek Culture / Trademark Law

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Torrey
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Location: New Jersey
Posted: 11th May 2006 09:02
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This posting is about a question I have on a product I created in December of 2004 called XDrive. It's basically a program that can create encrypted virtual drives. Recently in my email I got spam from an AOL partner about a service they are offering called Xdrive, which is an online hard drive. Their use of the term Xdrive includes a TM mark, which signifies that it is an unregistered trademark (with the government). Would this cause any problems with my product that has the same name?

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Matt Rock
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Posted: 11th May 2006 09:10
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Seeing as how they are both relatively the same thing? Yes, I believe it would. That's why you should take awesome ideas like that, put them in a self-addressed stamped envelope, and mail them to yourself (more than one copy), so that if you ever have to take someone to court you have SOMETHING substantial that proves you thought of it first. Contact the xdrive company and tell them you thought of it first... make it sound convincing that you're seriously looking for some retribution and maybe they'll back up and change their name, or pay you a big fee for stealing the name. That or I've been watching too many movies


"In an interstellar burst, I'm back to save the universe"
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Torrey
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Location: New Jersey
Posted: 11th May 2006 09:18
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I've heard of people doing what you mentioned in the past but it slipped my mind. On the other hand I do have backups of all the distros - all have the proper time stamp. Who knows how that would hold up in court against a big company?

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Lost in Thought
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Location: U.S.A. : Douglas, Georgia
Posted: 11th May 2006 09:46
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They'll settle with you out of court. Then just rename your's UsedtobeXDrive.

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Pincho Paxton
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Posted: 11th May 2006 10:18
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You have no evidence that you thought of it first. Timestamps are not evidence. You have to change the name of your XDrive.

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Fallout
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Posted: 11th May 2006 12:34
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Matt, that copyright protection method doesnt work. It's just a myth, but its one the refuses to die. Think how easy it is to post yourself a bunch of unsealed envelopes now, nicely stamped by the post office 11th May 2006, wait 10 years for M$ to make a new operating system, stick the CD in the envelope, seal it up, take them to court and say "look! It's in this envelope I sent to myself 10 years a go". The judge would hold you in contempt and probably beat you about the head with his little hammer!

Seriously, that method does not work. You need a much more convincing method of proving you did it first. I hope nobody is sitting on a copyrighted music or software having mailed it to themselves. If so, you really need to find a better way of proving its yours.

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Saikoro
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Posted: 11th May 2006 12:49
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Boy am I glad to hear that. Now my drummer can't take away the songs I've written should contempt arrive.

"One World, One Web, One Program" -Microsoft ad.
"Ein Volk, Ein Reich, Ein Führer"(One People, One Kingdom, One Leader)-Adolf Hitler.
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Jeff Miller
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Posted: 11th May 2006 14:03
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I happen to be a trademark lawyer. I'm not advising you, but I'll give a few general observations. First, priority in a potential trademark dispute has nothing to do with who was the first the "think up" or create a trademark. Priority goes to the first to use it as a trademark in commerce, with the exception of a priority date that can be obtained by filing an "intent to use" federal application.

Sending yourself a letter doesn't go very far in a trademark dispute. That might be relevant to proving a date of invention in a patent dispute, or proving a date of authorship in a copyright dispute. Using the trademark on goods and saving proof that you sold or transported them in commerce on a particular date is good evidence that the mark was used at least as early as that date.
In the case of XDRIVE, somebody (probably whomever spammed you) happens to have a federal registration for electronic data storage with a priority that predates yours by a few years.

You can search US federal trademark registrations and pending federal trademark applications for free at http://www.uspto.gov/
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Saikoro
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Posted: 11th May 2006 14:07
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Unwritten Law of TGC Forums #23:
Whenever a problem arises, you can be sure that there will be an expert in the area to help sort things out.

This community is awesome.
</praise>

"One World, One Web, One Program" -Microsoft ad.
"Ein Volk, Ein Reich, Ein Führer"(One People, One Kingdom, One Leader)-Adolf Hitler.
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Pincho Paxton
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Posted: 11th May 2006 14:18
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Quote: "Whenever a problem arises, you can be sure that there will be an expert in the area to help sort things out.

This community is awesome.
</praise>"


As a member of Secret Underground Alien Investigation Beureu I would have to agree with that comment!!!

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Dave J
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Posted: 11th May 2006 14:20
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And for once it wasn't Philip!


"Computers are useless, they can only give you answers."
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Fallout
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Posted: 11th May 2006 14:21
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Pincho! I knew my anti-agent was active on this forum, and now I've found you!

Prepare to die!!!!

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Saikoro
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Posted: 11th May 2006 14:23
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I would be afraid, Pincho. He can shoot you without seeing you, on the other side of a dense jungle.

"One World, One Web, One Program" -Microsoft ad.
"Ein Volk, Ein Reich, Ein Führer"(One People, One Kingdom, One Leader)-Adolf Hitler.
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Pincho Paxton
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Posted: 11th May 2006 14:26
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But I am covered in Mud!!! HA HA!!!

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adr
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Posted: 11th May 2006 14:45
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DOOOOOO EEEEEEETTTT!


(said in the best arnie accent you can do)

[center]
iv tryed everything!!!!!!!!!! could u please just add The gun and shooting Code thats All!!!!!!!!!
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OSX Using Happy Dude
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Posted: 11th May 2006 15:17 Edited at: 11th May 2006 15:35
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Ell bee bacck...

Come to the UK convention, for more legal speak - Philip will be there

Web Site:http://www.nicholaskingsley.co.uk
Al:Tina wants me to pop out of her birthday cake, and guess what she doesn't want me to wear...
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Lost in Thought
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Posted: 11th May 2006 15:42
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I think you'll find that if you hold the owners grandchild/child hostage they'll come around.

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indi
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Location: Earth, Brisbane, Australia
Posted: 11th May 2006 16:50 Edited at: 11th May 2006 16:51
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Quote: "That's why you should take awesome ideas like that, put them in a self-addressed stamped envelope, and mail them to yourself (more than one copy), so that if you ever have to take someone to court you have SOMETHING substantial that proves you thought of it first."


total bloody nonsense mate.

look up international Trademark laws and then be stunned at the cost.
One country alone could set you back 30k.

In Australia we are under the westminster system, but a hybrid of the english variant.

copyright is becoming a lot more secure and controlled, however south korea wont give a dam and copy your software a zillion times.

[hrefhttp://]www.copyright.org.au[/href]
http://www.ipaustralia.gov.au/ip/copyright.shtml

It really boils down to where you live.

If no-one gives your an answer to a question you have asked, consider:- Is your question clear.- Did you ask nicely.- Are you showing any effort to solve the problem yourself &#63743;
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CattleRustler
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Posted: 11th May 2006 17:24 Edited at: 11th May 2006 17:28
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Quote: "That's why you should take awesome ideas like that, put them in a self-addressed stamped envelope, and mail them to yourself "

Sorry Matt, complete rubbish (speaking of in USA only). Someone can blatantly steal your idea and even tell you to your face "hey I am stealing your idea" and there isnt a darn thing that you can do about it unless youve registered with gov copyright office. While the federal postmark might be a "supporting" factor in a legal proceeding, you could never base a whole case on it. Same holds true for Patents - basically whomever registers first - wins

Arnie Accent: "Kill me, I'm here - kill me now - doo eeet - i'm here"

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Fallout
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Posted: 11th May 2006 17:24
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I am not the Predator! I am the Elite Ninja of Death wielding my silenced pistol! Your only hope is to "GET TO DEEE CHOPPER!!!!".

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Torrey
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Location: New Jersey
Posted: 11th May 2006 17:37
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Using Jeff Miller's link, I dug this up:

http://tess2.uspto.gov/bin/showfield?f=doc&state=541g9s.2.3

Looks like they were working on this project 3 years before mine. It's really too bad (but expected), but maybe I'll send them an email with details and see what they say about my product. More then likely they will tell me the name will have to be changed.

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