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NAI Sending "Sniffer" C&D Letters

Posted by timothy on from the zealous-lawyers dept.

RayMarron writes "It seems that NAI's IP lawyers have been billing some hours recently by sending nastygrams asking companies/individuals to stop using their trademarked term 'Sniffer.' Steve Gibson of Gibson Research Corporation has received one. The full text is posted on his news server, and I'm sure one of our readers will post it here. Or visit news.grc.com, grc.news and grc.news.feedback groups. A student at Stanford received one as well and forwarded it to the faculty to handle. Both Gibson (relating a conversation with his IP attorneys) and Stanford's reply seem to agree that 'sniffer' is too generic a term to be a viable trademark and can't be effectively enforced. Is there an IP lawyer in the house?"

7 of 76 comments (clear)

  1. Suing over Sniffer ???? by AtariAmarok · · Score: 1, Funny

    Well, if that is not cutting off one's own nose to despite one's face....

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    Don't blame Durga. I voted for Centauri.
    1. Re:Suing over Sniffer ???? by DocMiata · · Score: 2, Funny

      Sniffer is such a generic term...perhaps a generic reply telling said attorney to "sniff my ass" is in order?

  2. Dear NAI... by shr3k · · Score: 4, Funny

    Dear NAI,

    We believe *you* are infringing on *our* trademark. Our ability to "sniff" is our livelihood. Not to mention, we hold prior art for any kind of "sniffing."

    We will see you in court.

    Sincerely,

    Drug-Sniffing Canines

  3. Mod that one through the roof by Anonymous Coward · · Score: 1, Funny

    But, in fairness, I think someone actually trademarked "Apple" too! I'm not sure on this: I have heard that there is a computer company with this name, but I can't find them in stores and I don't know anyone who has one.

  4. Redikuliss by orthogonal · · Score: 4, Funny

    It seems that NAI's IP lawyers have been billing some hours recently by sending nastygrams asking companies/individuals to stop using their trademarked term 'Sniffer.'

    That's ridiculous! It would be like, I dunno, Ralph Lauren suing the U.S. Polo Association, claiming that Polo clothes owned the name of the sport.

    Oh, wait, Ralph Lauren did do that.

    Of course, he didn't win.

    Oh wait, he did win:

    --
    Opinions on the Twiddler2 hand-held keyboard?
  5. It is time for us... by pbox · · Score: 2, Funny

    It is time for us to register Network. Then we can surely get some $$$ from NAI (an a whole lot of others)!

    So the plan is:

    1. Register Network
    2. Sue everyone
    3. Profit!

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    Code poet, espresso fiend, starter upper.
    1. Re:It is time for us... by Alsee · · Score: 2, Funny

      It is time for us to register Network

      Dear Mr. pbox,

      As you may be aware, Alsee, Inc. is a leading person in the field of written text. One of this person's best known brands is E®. Through his vowel unit, E Technologies, Alsee writes widely recognized words. This person also posts widely to promote this letter worldwide. Alsee owns approximately 45 trademark registrations for the E® trademark around the world. E® brand text is written only by Alsee.

      It has come to the attention of Alsee that you are using his trademark in your attempt to register 'Network'. He is also concerned about the generic use of E throughout your post. As a result, your use of this name and other product names that you advertise in your posts are likely to cause confusion, mistake, and deception among the public, who are likely to believe that these products are somehow associated with or approved by Alsee. In addition, the generic use of his E® trademark contributes to the dilution of his mark's distinctiveness. For future reference, please note that E® is only to be used in association with this person's posts.

      You should know that Alsee takes intellectual property matters seriously and considers the E® brand to be one of his most valuable assets. While he seeks an amicable resolution to this matter, he will not hesitate to assert his superior rights if necessary.

      Accordingly, Alsee requests that you promptly cease all use of the letter "E," or any other letter related to or used for any products you and or your company(ies) are associated with that are identical or confusingly similar to our E® trademark. This includes, but is not limited to, the use of "E" in any meta tags, source code, key words, domain names, glossaries, indexes, dictionaries, eulogies and the like.

      Please confirm your intentions as soon as possible, and in no event later than July 15, 1903. Thank you for your anticipated cooperation.

      Sincerely,
      Alsee, INC.

      -

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      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.