Ben said:
Just wondering, how do Emagic (and by proxy Apple), the well known
producer of audio software, feel about you infringing on their
trademarks and possibly damaging the goodwill of the Emagic name with
your PoS software?
You're getting a lot better at removing other peoples names from your
code before compiling BTW. Congratulations.
According to TESS-on trademarks:
75082490 2054856 EMAGIC TARR DEAD
CANCELLED) IC 009. US 021 023 026 036 038. G & S: computer software for
digital
and
audio sound production and editing; computer software for loss-free
compression
of
digital audio data. FIRST USE: 19941030. FIRST USE IN COMMERCE:
19941030
Live (active)-and are not related to the Apple Logic software at all:
EMAGIC
Goods and Services IC 042. US 100 101. G & S: hosting the websites of
others on
a
computer server for a global computer network. FIRST USE: 20000124.
FIRST USE IN
COMMERCE: 20000124
IC 036. US 100 101 102. G & S: Providing links to websites of others
featuring
mortgage
finance and real estate investment; providing a website featuring
information in
the field
of mortgage finance and real estate investment; real estate investment
services;
real estate
settlement services; mortgage banking services; mortgage brokerage
services;
mortgage
origination services; mortgage procurement services for others; and
underwriting
mortgage insurance. FIRST USE: 20000124. FIRST USE IN COMMERCE:
20000124
C 042. US 100 101. G & S: Hosting the websites of others on a computer
server
for a
global computer network. FIRST USE: 20000124. FIRST USE IN COMMERCE:
20000124
IC 036. US 100 101 102. G & S: Providing links to websites of others
featuring
mortgage
finance and real estate investment; providing a website featuring
information in
the field
of mortgage finance and real estate investment; real estate investment
services;
real estate
settlement services; mortgage banking services; mortgage brokerage
services;
mortgage
origination services; mortgage procurement services for others; and
underwriting
mortgage insurance. FIRST USE: 20000124. FIRST USE IN COMMERCE:
20000124
Apple seems to have a live trademark for Logic-as used for Apple Logic.
Apple
have not
contacted me in any way for infringing on their Logic trademarks
(dilution or
to cause
confusion) with my free, non-affliated software-despite their
guidelines, Apple
has not
contacted me at all.
Apple seems to target products that include their iPod trademark (eg.
iPodder
was asked
by Apple to change the app name).
Also, please keep in mind that the Babya Logic is intended for product
advice
and
disccussions-for TM's, try
http://www.intelproplaw.com/Forum/Forum.cgi.
They have said,"
This answer depends on undisclosed information, and even then, there
may not be
a clear
answer.
Anyways, it is not always smart to ask your competition whether or not
you would
be
infringing on them.
This thread may be helpful:
http://www.intelproplaw.com/Forum/Forum.cgi?
board=trademark;action=display;num=1141412382" and
"Where did the OP indicate he was in competition with Apple?
Often times, asking a mark owner for consent is advisable, and the TMEP
expressly
addresses such situations.
If your mark is important to you, I suggest you contact a qualified TM
attorney
to go over
the matter. It needn't be prohibitively expensive (as my clients can
attest),
and relying on
off-the-cuff advice from unqualified strangers can have devastating
effects on
your
business."
Apple the mark owner-doesn't seem to expressly addresses such
situations,
insteading
choosing to dismiss-by often replying back with a legal boilerplate
responses.
