KIllustrator Changes Name to Kontour

Kelmar writes "I found this story on The Register about how KIllustrator is changing it's name to Kontour. Looks like that is not the worst of the problems though. The law firm that originally sent the notice is also asking for $2000 just for sending the letter. Apparently they did this without the consent of Adobe, who is also not too happy about the tone of the letter."

Comments

Re:Can Adobe sue the lawyers for harming their rep

[Stephan Schulz]

There seems to be a pretty widespread misunderstanding even among many Germans. The so called cease and desist letter (or Abmahnung, literally admonishment) typically is not send to protect Adobe's trademark (this is Adobe's job, even in Germany), but to make the offending party comply with consumer protection laws. These laws forbid someone to e.g. package any lemonade and sell it as Coca Cola, not to protect the value of the trademark, but to protect the consumer from inadvertedly buying a different (inferior) product.

So the lawyer is acting not on behalf of Adobe, but on behalf of the public. This generally is reasonable (it shifts the burden of enforcing laws from the tax payer to special organizations which are not supposed to do this for financial gain). However, as always, the system can be abused (and you can count on a lawyer to find the most efficient way to abuse it).

They never HAD Adobe's business.

[dschuetz]

That's what's scary about this. It's a 3rd party suit. The law firm has no connections to Adobe whatsoever, from what I understand. They simply said, "hey, look, this probably infringes," and they send a letter and say "you gotta change it, and BTW, you owe us money now." Adobe never hired them, and they get no benefit (other than a possibly infringing name being removed).

Essentially, it's legalized vigilant--vigalantee--er... add "ism" to "vigilantee." :)

Re:Kweer

[aozilla]

Gnot to gnitpick, but the gnext gnaming convention is gno gnicer...

Word(TM). Windows(TM) doesn't Exchange(TM) any letters in the names of their Works(TM). They Access(TM) a Word(TM) directly out of the dictionary sitting on the Bookshelf(TM) in their Office(TM). They've made a lot of Money(TM) doing that, and their Outlook(TM) for the future is even better. A lot better than the Outlook(TM) for Me(TM), anyway.

Re:Kweer

[American AC in Paris]

What a Kweer name. I don't think that a naming Konvention like that is going to help them make in roads into the marketplace.

Gnot to gnitpick, but the gnext gnaming convention is gno gnicer...

good thing though

[nilstar]

Imagine, shortening the name instead of changing it.... "killus"....

No, that's also wrong...

[j7953]

No. Abmahnungen (cease-and-desist letters) can be sent for various reasons, including trademark infringement.

It is also possible to send such letters on behalf of the public, to enforce consumer protection laws, but this can be done only by organizations that are registered as consumer protection organizations, and they only get registered if they're non-profit (I think). Most law firms are however working for profit, and thus cannot sue on behalf of the public.

(There has been a case recently where a "consumer protection organization" has lost their right to sue because they were also doing business for profit. Read this article (german) if you're interested.)

Also, a lawyer can't just act on behalf of someone who is not their client.

It is however possible - and I guess that's what Adobe did - to hire a law firm to "protect your trademarks", and them let them do so on their own, without asking you about each and every case.

Disclaimer: I am German, and live in Germany, but IANAL.