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Sparc Sends SparkFun Electronics C&D Letter
moogied writes "SparkFun.com, a electronics component provider, has been sent a cease and desist letter by Sparc in response to the lengthy trademark process that SparkFun is participating in. The letter states 'Because the dominant portion of the SparkFun mark, namely, SPARK, is phonetically identical and nearly visually identical to SI's SPARC mark, and because it is used in connection with identical goods, we believe confusion is likely to occur among the relevant purchasing group.' SparkFun.com has provided the entire contents of the letter, with a breakdown of points it feels are most relevant."
guess who won't be buying any more sparc servers?
In the twisted world of intellectual property. Seems very similar to this ridiculous case involving a teapot.
I love spark-fun. I bought cheap GPS modules from them. They have a nack for bulk-buying cool stuff that inventors need. They also respond to criticism and suggestions. Heck, I should work for them, don't you think?
I could buy some of the parts from SparkFun, and perhaps some of the PCBs. But that's where the "identical goods" argument ends. Has Sparc ever done a teardown of a Wii controller with analysis of the components? Do they sell solder stations? Is Sparc even around anymore? I must've forgotten about them.
I am not a crackpot.
Sun named their product line after a natural phenomenon, a spark, and is now going after any one using the natural phenomenon's namesake? yeesh!
...slashdot readers are bringing SparkFun.com to it's knees as we speak.
Stand back, SPARC, we'll take care of this!
THL phish sticks
Come on, now. They have SPARK in the name; they're an electronics company. The name is a playful moniker and nobody would ever confuse them with Sparc.
When I was in the USAF they called the electricians "spark chasers". ANY electronics company should be able to have "spark" in their name. For Sun to lay claim to a common word that describes the first thing anybody thinks of when they think of electricity (when Sin's is spelled differently) is ludicrous. It's like the ApleFrosting company suing anybody who sells any kind of apple product wit "apple" in the name.
I lost a lot of my esteem for Sun with this. I wonder if it has anything to do with Oracle?
Free Martian Whores!
Sun: "Because the dominant portion of the SparkFun mark, namely, SPARK, is phonetically identical and nearly visually identical to SI's SPARC mark, and because it is used in connection with identical goods, we believe confusion is likely to occur among the relevant purchasing group."
And here I thought that dominant portion of SparkFun was "Fun"!
Aren't you required to vigorously defend your trademark or else stand to lose it?
Yeah, it may be ridiculous, and yeah, a judge may decide that it is indeed ridiculous as well. But they -still- have to go through these claims in order to vigorously defend.
I don't know why these stories keep hitting Slashdot.. are the editors trying to effect change in the legal frameworks surrounding trademarks, or are they *really* just going for all the page views, comments, and thus ad exposures?
( Which they've graciously offered me to disable 'cos I made such positive contributions - but truth be told I enabled AdBlock the moment I saw a flash overlay ad. Sorry - you only get to make that mistake with me once. )
The counter-suit should be interesting. Hey, maybe SPARC would like to hire Darl to take care of that? I hear he's looking for work now.
Seven puppies were harmed during the making of this post.
That the dominant part of SPARC is not fun.
Nullius in verba
...but then again, I'm really in a hurry here.
-- Moron
So when is the FARC going to send Fark.com a C&D?
Give me Classic Slashdot or give me death!
I can't wait for IBM to sue BMW because after all, both of them share the letters "BM" and that might confuse a lot of people. Disney could probably have a go at McDonald's because after all, Donald is the name of a famous Disney character....
Hopefully Sparkfun won't get a retarded judge, and this will be laughed out of court.
Seven puppies were harmed during the making of this post.
Sun has nothing to do with this. SPARC International owns the trademark, not Sun.
eclecti.cc
IANAL, but Sparc International has a legal obligation to protect its trademark, correct? They may not want to pick on SparkFun but if they don't demonstrably protect their trademark, they can lose it.
How do you protect your trademark without sending out C&Ds?
First SparkFun get a stupid cease & desist, *then* it gets slashdotted. Some days, it all just goes downhill from the git-go...
Generally, bash is superior to python in those environments where python is not installed.
hahahaohwow.jpg
So SPARC now lays claim to http://www.*sparc*.* as well as http://www.*spark*.*
Does this mean I can't register www.sparccankissmyass.com without getting a C&D letter?
A little misunderstanding? Galileo and the Pope had a little misunderstanding...
So SPARC is something like SPARK...
And some nitwit company that has seen its stock price fall a huge percentage because it spends far too much on psychotic lawyers than it does on R&D is filing a lawsuit about 'Spark' being close to 'sparc'. And this idiot lawyers have convinced someone that they 'own' the word 'spark'.
Am I reading this correct? Please tell me that this is not Sun Microsystems! Founded by geniuses, creators and leaders in the workstation industry, the true visionary company of the valley.
You would think that these guys would be too embarrassed to show their faces in the valley again after something as stupid as this.
These guys have no shame.
Since the world's population is bursting and there is ...so...much....surplus...talent available, why don't we just put all these dumb fucks out of their (and our) misery. "take out the trash, clean out the crusty, and let them spend the rest of their days walking through the streets of SoHo in the rain."
What! There's a law against that too? Law or no law, sooner or later, it's going to be cheaper just to kill them all.
It's a shame that with all their education and vested options, they still don't realize this.
Never, because Gulag U.S.A. is owned by China.
Yours In Novosibirsk,
Kilgore Trout.
(Removed by user)
I don't want all of my hacker/maker sites slashdotted at once!
SparkFun should be laughing all the way to the bank, once they get past the lawyerly nuisance.
...the unrelated but more interesting SpankFun!
Populus vult decipi, ergo decipiatur...
"Force shits upon Reason's back." - Poor Richard's Almanac
Sparkfun police spoil everything!
Sparc are no fun!
Sparks fly at Sparc!
No more Sparkfun!
Sparc missing from this relationship!
Sparkfun fight begins!
These posts express my own personal views, not those of my employer
RE/tarded.
Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
I've ordered from both companies, but not anymore. I will continue to support SparkFun, even if they are forced to change their name. Sun/Oracle can go to hell.
Perhaps someone should call the SPARCunfun lawyer, Christine B. Redfield (http://www.klgates.com/professionals/detail.aspx?professional=1665 includes photo) at 650.798.6705 and explain whey this is a mistake and will not cause confusion the part of of /.ers. Please remember that SPARCunfun is paying by the hour so do not spend too much time talking to her or you will run SPARCunfun's bill up.
Do lawyers just not have enough to do or something?
"Hey, what's the legal department up to?"
"Not really all that much right now."
"Well what are we paying them for?! Have them sue someone or something."
....like the way The UPS Store and UPS are (two separate companies entirely!), you would never know the difference that they are tow different companies with a good relationship sharing brand recognition.
THIS IS SPARKFUN!
One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
...what are they going to call sparkplugs now?
I've lost all my marbles except one & It's fun to test angular & centripetal acceleration in my skull
electronic components has no difficulty differentiating "SPARC" from "SparkFun". While a SPARC CPU is in fact an electronic component, it is one that can only be used if one is building a specialized sort of computer (i.e. one that won't run x86 code and can't run any Windows / OSX apps). If one is going to design an electronic circuit with any hope of functioning, one has to know EXACTLY what components one is designing into it.
The population of actual electronic component customers likely to mistake SPARC for SparkFun is exactly zero. There is NO public likely to be confused by this.
Tech Public Policy stuff
The Guardians of Clan Donald
(Na Dionadairean Clann Dhomhnuill)
By authority of Lord Macdonald,
Premier Clan Chief of Clan Donald.
22 Dunecht Road, Westhill, Aberdeenshire, AB32 6RH.
Tele: 01224 740073
PRESS RELEASE
Lord Macdonald of Macdonald, premier clan chief of Clan Donald, has appointed Ronald W McDonald to be Sergeant-Major at Arms of the Guardians of Clan Donald: the linear descendant of the chief's bodyguard. It will be open to all Macdonalds and their septs, dependents, and descendants, who are in good standing in the community. Successful applicants will be enlisted as Sergeants at Arms and issued with a Warrant in the form of a Certificate which is suitable for framing. The cost of membership is £1 (postal orders please) or £2 sterling for overseas applicants.
The Guardians of Clan Donald aim to uphold and protect the dignity and honour of the ancient and honourable name of Clan Donald by all legal means. One specific aim is to offer moral support to Mary Blair, proprietor of McMunchies, a small sandwich bar in Fenny Stratford, Buckinghamshire, who is being threatened with legal action by McDonald's Restaurants, the fast food chain, for daring to use the prefix "Mc" in the name of her shop. When interviewed in BBC2's "The Money Programme" a top trademark lawyer made it clear that McDonald's have not a legal leg to stand on. Instead they rely on their unlimited financial resources to bully small businesses who cannot afford to fight back.
This type of business ethics might be good practice in the USA but it is singularly un-British. McDonald's have registered most names beginning with 'Mc' as trademarks, not with any intention of using them, but to try and stop anyone of that name setting up a restaurant. Even my own name Ronald McDonald has been registered as one of their trademarks. This is an attack on Scottish culture when even our very names are hijacked.
It has been stated by government ministers that a person is fully entitled to use their own name for business. But McDonald's has grown so large it is supra-national, with an advertising budget bigger than the Gross National Product of many countries. It is time that the government took in hand this matter of bullying of small businesses by companies such as McDonald' s. Perhaps this might be a subject for debate by a future Scottish Parliament.
If McDonald's persists in its action against McMunchies they are disgracing the ancient and honourable name of Macdonald. In the days when a clan chief had the power of pit and gallows the ultimate penalty for shaming the clan name was to be flung over a cliff but it seems unlikely that any executive of McDonald's Restaurants would volunteer for this!
Injustice and bullying are matters that concerns everyone and not just those affiliated to one clan. To this end, the Guardians of Clan Donald have decided to launch a petition calling upon McDonald's Restaurants to drop their action against Mary Blair of McMunchies Sandwich Bar. Petitions should be sent to the Guardians of Clan Donald or direct to McDonald's Restaurants, 11-59 High Road, East Finchley, London N2 8AW. (Fax Number 0181-700 7050 Telephone 0181-700 7000). A personal letter, telephone call or fax to McDonald's condemning their action is also effective.
Any assistance from the media would be much appreciated.
Back to Media Page
Press Index
Likely to cause confusion in the minds of purchasers? What are they smoking?
I've bought bits off SparkFun in the past. It never even occurred to me that there was a vague similarity between them and SPARC international until I heard about the C&D letter. Not even a moron would confuse Sparc International and SparkFun. Different logos, only tangentally related markets (they both are involved in the pushing around of electrons, but one designs CPUs, the other has instructions on how to solder tricky packages).
Bah. Remember that SPARC backwards is CRAPS.
Oolite: Elite-like game. For Mac, Linux and Windows
Awhile back I established a rule for myself of tossing in the trash basket any resume that claimed work or education experience with SPARK processors or SPARK workstations.
Think back to when Apple Records filed a trademark infringement suit against Apple Computer. It sure seemed odd at the time. Years later Apple is in the music distribution business. Who'd a thunk it? Right now, SPARC and SparkFun seem distinct enough, but when SPARC architecture is available in the microcontrollers on the development kits sold at SparkFun it's not so cut-and-dried.
This is good name too...ops! it's taken, damn it!
Maybe SPARC server can change to SPANK server?
Google search output
This site may harm your computer.
www.sparc.org/
Jeff Dunham had a comedy central special called Spark Of Insanity - http://www.youtube.com/watch?v=epsx2dlQQ6k
I could go on.
The difference there, though, is I think I would wholeheartedly support any kind of legal action against Jeff Dunham...
Bow-ties are cool.
Because nobody's used the terms "Sparc" and "Fun" in the same sentence in years...
Tolkien Industries beware! Expect to get a letter from a law firm representing the Eritrean Liberation Front (ELF).
- Evil ruler: check
- Armed resistance lurking in the jungle: check.
- Jewelry smuggling: check.
- Obscure languages: check.
- and don't forget the Elves.
Sounds like a blatant rip-off to me.
I visit http://sparkfun.com/ and I find a company that sells electronic parts and kits and things of that nature. I attempt to visit http://sparc.org/ and I get gigantic warnings from both Google and from Mozilla/Firefox telling me it's an "attack site" and it may "harm my computer". I see no basis for their lawsuit; Sparkfun obviously sells electronics, sparc.org obviously creates malware. Case closed.
Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
Will they be suing Sun Microsystems, or will Sun be suing them?
I submitted this as news to OSNews the other day, lemme just quote what I said there:
The truly absurd part is that Sparkfun is made up of two real words - and their biggest part of the claim is about the root word "Spark" - so... because they've trademarked a bunch of things with their made up "Sparc" acronym, nobody can use the real word "spark" anymore? ... and to think I thought the whole SyFy malarkey was absurd.
Wonder who they'll go after next... Sony for using "PlayStation" because they have "SparcStation" previously trademarked? AMD64 becuase "Sparc64" predates it?
Oh wait, those companies would be big enough to be able to afford to fight back. I wonder if SparkFun has pockets deep enough.
I went looking for trouble, and boy, I found her...
sudo make me a sandwich.
tips hat to XKCD...
This space is intentionally staring blankly at you
Yes that same remark tickled my funny bone too. Too bad you needed the karma that bad to repost/plagiarize it.
This space is intentionally staring blankly at you
How many of these naive trademark stories do we have to see on SlashDot before people learn the basics of trademark law?
As trademark holders, SPARC International have no choice under US law but to object to what the law (not Slashdot readers) says is a similar trademark in a related business area. If they just let it pass the way people here say they should, when Intel or Motorola bring out the "iSpark" chipset, Sparc International will be unable to stop them because they let a well-intentioned but badly-advised business weaken their case earlier.
SparkFun should reply privately asking for a license and the problem would most likely go away. Making this fuss just shows they are as clueless about trademarks as the majority of the people posting on Slashdot.
As for blaming it on Sun/Oracle, that would be like blaming IBM for something Eclipse did.
Geez I know Sparc has been slowly dying for last decade but this is getting kinda desperate.
This is not Sun Microsystems!
It is SPARC International.
There are you happy now?
Perhaps you are a bit quick on the draw with your unwarranted criticism.
It is NOT Sun. It is SPARC Inrternational.
Point your enthusiasm and anger in a more productive direction, please.
Seems to me SPARC is playing CRAPS with any good will they have left.
Yikes.
http://www.google.com/safebrowsing/diagnostic?site=http://www.sparc.org/&hl=en
What is the current listing status for sparc.org?
Site is listed as suspicious - visiting this web site may harm your computer.
Part of this site was listed for suspicious activity 9 time(s) over the past 90 days.
What happened when Google visited this site?
Of the 244 pages we tested on the site over the past 90 days, 3 page(s) resulted in malicious software being downloaded and installed without user consent. The last time Google visited this site was on 2009-10-22, and the last time suspicious content was found on this site was on 2009-10-22.
Malicious software includes 12 trojan(s), 8 exploit(s), 6 scripting exploit(s). Successful infection resulted in an average of 2 new process(es) on the target machine.
Malicious software is hosted on 6 domain(s), including keymydomains.com/, ncenterpanel.cn/, updatedate.cn/.
2 domain(s) appear to be functioning as intermediaries for distributing malware to visitors of this site, including keymydomains.com/, specialgt.com/.
This site was hosted on 1 network(s) including AS21844 (THEPLANET).
I deal with a lot of technically clueless attorneys. They really have no idea about technology other than the fact that the computer is a black box that they use to word process, and email, and occasionally listen to case based audio files.
In the case of the SPARC v. Sparkfun it's just some attorneys with a hair across their ass.
oppose this gratuitous sharing of BM.
Oracle has announced that after their acquisition of Sun, they will be enforcing their copyrights on the word "Sun" including their "special day of the week" and variants including the name for male children.
Sparc distinguishes itself from the myriad businesses that have "Spark" in their name by virtue of their spelling. Rage...rising...
Sparkfun from the good old days.
http://upload.wikimedia.org/wikipedia/en/6/68/Old_Sparky.jpg
http://www.slate.com/id/32298/
In GOD we trust, all others we monitor.
Dear Sparc International a.k.a. Prototypical Stupid Bully: "Identical goods," my evil eye, you asswipe pus-filled scum from Hades! Eat shit and die. May your wart grow a truly loathsome hairy sub-wart that dare not be seen in public. May your corporate bowel be irretrievably blocked. May your tinnitus have tinnitus and may your Morgellons Syndrome be spectacularly pathological.
Vigorous defense of one's trademark does not demand that one pursue ridiculous or even questionable claims. All it means is that you can't knowingly allow violation of your trademark, then attempt to enforce it later. Where a case appears legally questionable, or outright stupid, there is absolutely no duty to pursue it.
Pardon me for saying so, but if a case is legally questionable then that's exactly the reason to pursue it. The question gets answered by the courts.
Let's take a look at SparkFun's defense against Sparc's claims:
ANALYSIS: Sorry, but that's pretty thin. If the name was SparcFun, it would still be "phonetically identical" (which is the actual claim). I think everybody agrees SparcFun would likely be infringing. So why not SparkFun since the two sound exactly the same? The claim here is "phonetically identical," as in "sounds alike," and they do sound alike. And this isn't Sparc's whole claim, it's one part of a claim, so let's move on to the next part..
ANALYSIS: Pretty much same as above. Part of Sparc's claims is that the mark could be mistaken for "one of SI's many Sparc-derived brands." Sparc is saying that if the market has heard of SparcTop, Sparc Shop, SparcStation, SparcSummit, SparcPhone, SparcWorks, etc -- all of which are Sparc Inc. trademarks -- then there could be some confusion with SparkFun. Sounds reasonable to me. Also, on the "visually similar" part, SparkFun's logo seems to use the same red color as Sparc Inc.'s logo. Check out Sparc's color guidelines for its trademark licensees. They specify the exact Pantone red you should use. They even go so far as to state you should never use orange and green -- why, I have no idea, but I'm sure it has something to do with trademarks.
ANALYSIS: Now they're just playing stupid. Sparc explains in its letter exactly what is meant by "identical goods" as defined by the terms of trademark law: "computer hardware, including integrated circuits and circuit boards." In case you don't know how trademark works, you register a trademark under a certain category. Sparc probably does not have a trademark in the area of soft drinks, for example. But it does have a trademark in the area of integrated circuits and circuit boards, which is exactly what SparkFun sells.
ANALYSIS: And now they just sound like kids in a schoolyard. Nobody calls up Sparc Inc. looking for servers, either, and this has nothing to do with Sparc's trademark claim.
And just to add weight to Sparc's case, the C&D letter specifically points out that Sparc Inc. has owned the primary trademark since 1989. SparkFun was founded in 2003 as a Web site. For all we know, it was running on a SparcServer. I think SparkFun is going to have a difficult time proving that it wasn't aware of the Sparc trademark, even if it insists that its own mark doesn't resemble Sparc's at all.
In summary, I'm sorry, but I think Sparc Inc. has a pretty solid claim here. It's fine to post a response on SparkFun's Web site, but if I w
Breakfast served all day!
A name like Sparc wasn't a typo by somebody trying to spell Spark. It was a deliberate marketing decision to create a name that sounded cool and wasn't spelled like the generic word because that probably couldn't be trademarked without conflicting with lots of other existing electrical and electronic trademarks. SparkFun is also a name that includes sparkiness in it, and is differentiated from the generic English word in different ways.
Besides, doesn't somebody already have a business method patent on suing everybody who's got a name even vaguely similar to yours when you don't have a legitimate case? SPARC Inc could get themselves in a lot of trouble for violating it.
And if anything, the Girl Genius folks could now sue SI for trying to get into the Spark business when they're clearly not that bright... On the other hand, the SparkFun people make lots of cool little gadgets and generally support Mad Science, so they're just fine.
Disclaimer: The Sun-2 in my attic is not an Ultrasparc-2. Nor is it a Sparcstation-2. Some of us have been in the Sun business for a long time.
Bill Stewart
New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
... that SPARC mark is nearly phonetically identical and nearly visually identical to the Spork mark?
Perhaps someone should inform Plastico Limited? Wouldn't want anyone to become confused and accidentally order thousands of workstations when they really intended to buy thousands of plastic eating utensils.
I'm pretty sure I'm not at risk of accidentally buying from SPARC when I meant to buy from SparkFun. Sorry, SPARC.
Phonetically and visually just too close...
I think it would be good to only allow "trademarks" to start with the TM symbol, so people can still identify a registered brand, but everyone else does not lose the use of normal words.
This reminds me of the case of Zendroid, a Finnish robotics company that was asked to change its name by Google and Lucasfilm. Of course, Lucasfilm doesn't want anyone else to use anything with "droid". As for Google, they didn't exactly invent the word "android", and besides, what does a mobile OS have to do with humanoid robots?
http://www.zenrobotics.com/?page=news#2008-11-28
Escher was the first MC and Giger invented the HR department.
SPARCFun that would be ridiculous.
Think about it; have you ever heard a sysadmin say "I'm having fun with my SPARC!" ?
If you want lots of current and future tech professionals to hate you, keep hassling small businesses like SparkFun. Your trademark case against them borders on frivolous. It is a battle that you are unlikely to win in court, and that you will certainly lose in the court of public opinion. Stick with your bread and butter mission: championing the SPARC architecture. Leave popular "Davids" alone, unless the goal is to smear your own brand name.
(said with "King & I" diction) Et Cetera, et cetera, et cetera.
The Russians have won. They have made the world a cesspool of distrust, greed, fear and hate.
There's something about this, and cases like this, that just stinks. We all know it does, yet sometimes it's hard to put a finger on it. For me, the amorality of the lawyers just rubs me the wrong way. Someone says, "Mr. Lawyer, I'd like to sue X for Y, and I'll pay you handsomely for it." And the lawyer does, because it pays. It doesn't matter if the reason is bogus, it doesn't matter that X has to spend lots of money on a legal defense against something that has no merit. It only matters that the lawyer is being paid.
Of course, at this point, someone will probably pop off that I'm some sort of Commie or something. Nothing could be farther from the truth. Just because you CAN perform a service (regardless of whether you're being paid for it) doesn't mean you SHOULD. I have numerous skills, and I almost always expect to be compensated for my work, but there are some things that I simply will not build, for any price -- because I would consider it wrong to do so. It seems to me (and perhaps to a lot of people) that there is a dearth of lawyers who would say in the face of a paying potential customer, "No, I won't take your case. You're asking me to do something that's dishonest and immoral. Now get the hell out of my office."
There's a difference between working for money and working MERELY for money. In that sense I would term the latter type of lawyer as also a mercenary, and there seem to be entirely too many of them.
How do you deter a mercenary? I invite suggestions, but the only way I know of is through fear. With the collective intelligence of those on this forum, it shouldn't be hard to come up with some creative ideas on how to make a mercenary lawyer think twice about working MERELY for money.
Early today Sun announced it would be serving all Christian Churches with a cease and desist order, in the confusion involving there use of the phrase "Son of God". There legal department concluded the phrase was virtually identical to the phrase "Sun, God of all servers", and should be considered an illegal infringement of the Sun name and trademarks.
It looks like Darl McBride got a new job.
How many more years will slashdot have an off-by-one error on your Score in your profile?
I just want to make it clear, on Sun's behalf, that this trademark action was not initiated by Sun and that all the hatred expressed towards Sun on this issue is misplaced. SPARC International is an independent trade association (it has been for a very long time) and makes its own decisions about trademark enforcement. I wouldn't have acted the way they are, and I have asked Sun's representative to SPARC International to investigate the issue, but beyond using its status as one of many licensees and members, I'm not aware of anything more that Sun can do.
S.
(speaking officially for once)
To be clear, SPARC International is an independent trade association. You should not be blaming Sun, Hitachi, Fujitsu or any other SPARC licensee for this.
S.
I don't want to spoil all the good Fun(tm) in this lively discussion, but here are some actual facts to consider:
I serve as Sun's representative to SPARC Int'l (to whom WebMink referred, above). As you can imagine, I've been hearing about this issue this week.
My understanding is that a resolution between SI and SparkFun has been in progress (despite the negative chatter that has been going on). Let's chill out for a few days and wait to hear how that turns out. There really isn't anything to discuss until the two companies have completed their talks ... at which time we can either all go home satisfied, or if we want, get all riled up again ;-).
But please don't dump on Sun for something between two *other* companies.