Re: SenderID name in use by somebody else

On Monday 20 Sep 2004 16:09, Hallam-Baker, Phillip wrote:
> The issue is not necessarily one of Registered Trademark protection.
>
> A registered trademark provides an advantage in establishing priority
> and in claiming damages BUT it is also possible to infringe a
> mark even if it is not registered. There is a common-law tort
> in the UK called 'Passing-Off'.
>
> It would be one thing if the other 'sender-id' mark was being used
> by a dohnut shop, but in this case the product is in the same field.
>
>
> I certainly do not want to end up with a lawsuit over a name. I like
> the idea of having a simple self-explanatory name. One thing that we
> might do is to use a name that has already been checked for trademark
> etc. We did this earlier with some names we were going to use for
> our email signing authentication scheme that we developed two years
> ago. I won't mention the name on the list though till I have checked
> on the IP.
>
>
>   Phill
>

To stave off any potential comeback, assuming it's not already taken would it 
not be prudent to recommend changing the disputed mark to "Sender 
Identification" - it's at least as meaningful and doesn't (as far as I know) 
conflict with any other registered trademarks.

According to TESS the "sender-id" trademark lapsed in 2000. 

Thoughts?

-- 
If Mind over Matter is a Matter of Course,
 Does it Matter if Nobody Minds?

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