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Mark Spencer, author of the well-known GAIM instant messaging client, wrote the following account of how large, lawyer-laden AOL is dealing with software projects with names similar to its AIM service. Trouble is that (among other things) AIM wasn't registered as a trademark when GAIM appeared. Does anyone believe that the two are "confusingly similar"? It reminds me of Parker Brothers objecting to clue.com -- is the Air Force next? Update: 06/25 10:53 PM by T : Russell Balch of Akridge & Balch will be representing the GAIM project; if you're interested in helping the GAIM authors in this legal fight, Mark writes: "We've set up an account on paypal ("paypal@linux-support.net") for contributions. Left over money or all of it if we can't get enough to pay for the letter will be refunded as much as possible through paypal."

Well, AOL is at it again. In 1998, I wrote a program called GAIM which provided Linux users with a way to participate in AOL's Instant Messenger (tm) service. GAIM is one of the best examples of Open Source software in action, because even though I have not personally coded on it in years, momentum as continued through multiple maintainers to make it one of the best instant messaging programs available. From its humble beginnings as a two-week long project I started to teach myself GTK programming, to today where it is included in virtually ever Linux distribution, FreeBSD, and others, it has shown how even highly non-technical software can benefit from the Open Source model. We even receive numerous requests to port it to windows, because people like it more than the native AIM client in windows.

In July of 1999, I received a letter from AOL's Legal Representation requesting that we remove their AOL trademark and logo from our web site and product name, which we promptly did. Now, in 2001, the same firm has sent us notice requiring that we change the name of the product (that they clearly have known for almost 2 years) because they believe GAIM's name to be confusingly similar to the AIM trademark that they applied for in 2000, almost two years after gaim was released. We have until June 29, 2001 to prepare a response to their charges. Similar notices have been sent to the owners of the "AIMY," "KAIM," "wmGAIM," "TAIM," "phpaim," "blaim," "libfaim," "jaim," "eaim," and "maim" projects.

We have consulted with an attorney who believes we stand on a strong foot for the following reasons:

• "gaim" and others are not confusingly similar to "aim."
• Since AOL has been aware of our name for over two years and has not expressed any concern at the use of "aim" in the name of the product even while expressing concern over their AOL trademark and logo, they may have implicitly given us license to use it.
• AOL's trademark was filed for nearly two years after GAIM was first released. Unlike patents, it is sometimes permissible, however, to pursue a trademark since "first commercial use."

We are nearly out of options at this point, however, for the gaim project. We either will have to have some legal defense for gaim and the other projects, or will be obliged to change names.

If anyone out there is a lawyer, and is willing to take on this project to support these projects, please contact us by sending e-mail to gaimdefense@marko.net. We have a lawyer who is willing to do the requisit trademark research and send a letter for $500, so if you feel strongly enough that you are willing to contribute money to the project, please contact us and let us know that too.

Unfortunately, in the legal world, it's not just sufficient to be right, you have to have the finances, determination and other resources to fight the battle. There is always a balance tha requires picking and choosing the battles so important that you are willing fight, and those that you choose do not wish to spend resources defending. The question is, do the 40,000+ gaim users out there believe strongly enough that the defense of the "gaim" name is an important battle to fight.

dbrutus writes "Amazon lost its bid to continue a preliminary injunction against BarnesandNoble.com. You can find a press release to give you all the details."

SuperRob writes "Ars Technica posted a story called "Laws that Don't Suck", outlining the new Telemarketing laws enacted or amended for 2001. Be sure to find out what your rights are, if Telemarketers piss you off as much as they piss off me."