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."

Comments

In after some FUD

[PaintyThePirate]

Sun has nothing to do with this. SPARC International owns the trademark, not Sun.

Re:so let me get this straight

[A.S.M.]

Sun named their product line after a natural phenomenon, a spark, and is now going after any one using the natural phenomenon's namesake?

No. Sun Microsystems is a member of Sparc International, along with a slew of other companies (TI, Hitachi, Fujitsu, etc, etc -- http://www.sparc.org/members.html), but Sparc International != Sun.

Re:Aren't you required to vigorously defend...

[mpoulton]

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.

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. All the normal rules of civil procedure apply, including Rule 11. "Vigorous defense of trademark" is not a defense for filing a claim unsupported by law.