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SparkFun gets a cease and desist?

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Hon1nbo
Sun Oct 25 2009, 03:44AM Print
Hon1nbo Registered Member #902 Joined: Sun Jul 15 2007, 08:17PM
Location: Pacific Northwest USA
Posts: 1042
apparently, the company SRARC International thinks that SparkFun violates their trademarks because they somehow sell similar computer items and have a phonetically similar name

they seem to think that their Massive Servers and SparkFun's small components are related enough along with their names that Sparc's customers would be confused despite the fact that a lot of their customers buy from both of the companies (as evidenced through the various comments everywhere)

here is the link to the sparkfun announcement

my guess is that when the lawyers see their mistake they crawl away from their allegations squirming for going up against such a large community in a suspicious manner
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WaveRider
Sun Oct 25 2009, 09:24AM
WaveRider Registered Member #29 Joined: Fri Feb 03 2006, 09:00AM
Location: Hasselt, Belgium
Posts: 500
I assume SparkFun has retained the services of one or two good lawyers to fight the case? (Does 4HV have any "legal-eagle" members?)
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Bored Chemist
Sun Oct 25 2009, 10:04AM
Bored Chemist Registered Member #193 Joined: Fri Feb 17 2006, 07:04AM
Location: sheffield
Posts: 1022
I just wonder if Sparc have thought about the wisdom of tacitly saying that their customer base is too dumb to tell the difference? If a company that I dealt with acted this way I would complain to them.
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Alex
Mon Oct 26 2009, 08:53PM
Alex Geometrically Frustrated
Registered Member #6 Joined: Thu Feb 02 2006, 04:18AM
Location: Bowdoin, Maine
Posts: 373
I can't imagine who would have thought this was a good idea. Do cease and desist letters like this one really pay off? It seems like an awfully expensive undertaking, especially considering a situation like this one where Sparc Industries' victim isn't even in the same market. Not only that, but they are painting an incredibly poor picture of themselves, as Bored Chemist pointed out.

SparkFun has released a second announcement thanking people for their suppport, along with an update on the situation:
wrote ...
we are at the beginning of what we assume will be a long legal battle. It is unfortunate, but this is why we have experienced legal counsel on staff. We are optimistic, but we are preparing for multiple outcomes. Our 'people' have talked to their 'people' and we just keeping doing what we do best - building, tinkering, and having fun. Nothing will change overnight and we will keep our customers and fans up-to-date as we hear it.
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rp181
Mon Oct 26 2009, 09:54PM
rp181 Registered Member #1062 Joined: Tue Oct 16 2007, 02:01AM
Location:
Posts: 1529
Before, I would have never thought this could go anywhere, but after the hot coffee lawsuit...
SPARC also has the advantage of being a large company, but SparkFun has a community....
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Hon1nbo
Mon Oct 26 2009, 10:05PM
Hon1nbo Registered Member #902 Joined: Sun Jul 15 2007, 08:17PM
Location: Pacific Northwest USA
Posts: 1042
rp181 wrote ...

Before, I would have never thought this could go anywhere, but after the hot coffee lawsuit...
SPARC also has the advantage of being a large company, but SparkFun has a community....

I might add that it is also a pretty enthusiastic community smile
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aonomus
Mon Oct 26 2009, 10:41PM
aonomus Registered Member #1497 Joined: Thu May 22 2008, 05:24AM
Location: Toronto, Ontario, Canada
Posts: 801
The news has spread across the blogosphere within a day of it actually being posted on SparkFun's site. Everyone who reads various blogs regarding electronics or tech at some point has heard of SparkFun, and now, SPARC international is on everyones s--t list for being lame.

Yes, you could sympathize for SPARC international because they had to 'defend their trademark' or do the due diligence so they can't get sued by SparkFun later for brand dilution. Instead they could have approached SparkFun and reached a simple agreement that would have sidestepped all of this.

Now, lawyers being lawyers, will *have* to follow through with the C&D even though it was a stupid idea, just so they don't look stupid.
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