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John McAfee Sues Intel To Use His Own Name (bloomberg.com)

Long-time Slashdot reader AmiMoJo quotes a report from Bloomberg: John McAfee, the creator of the eponymous antivirus computer software system, sued Intel Corp. for the right to use his name in new ventures after the chip maker bought his former company. Intel bought McAfee in 2010 and eventually renamed it "Intel Security." McAfee has since joined digital gaming company MGT Capital Investments Inc. as chairman and chief executive, with plans to rename the company "John McAfee Global Technologies Inc."

McAfee says Intel warned him that any use of his name will infringe on the company's trademarks that it acquired with the McAfee deal in 2010, according to his complaint filed Friday in Manhattan federal court.

Intel hopes to sell their antivirus unit for $3 billion, according to the article -- after acquiring it in 2011 for $7.7 billion.

111 comments

  1. Why should Intel care by Anonymous Coward · · Score: 1, Insightful

    McAfee, Symantec, etc. All synonymous with bloated spyware.

    1. Re:Why should Intel care by Anonymous Coward · · Score: 0

      They have Mac versions.

    2. Re:Why should Intel care by Anonymous Coward · · Score: 0

      iMcAfee

  2. After how the last name-badged company turned out. by Anonymous Coward · · Score: 1, Interesting

    They think putting his name on things is a good idea once again?

  3. Worthless Trademarks by Anonymous Coward · · Score: 0

    These trademarks have to be worthless now that it's common knowledge how much of a nutjob and attention whore John McAfee is. If anything, Intel should sue McAfee for making the trademarks worthless.

  4. Re:So he's a libertarian by Anonymous Coward · · Score: 0, Troll

    So in other words, he's a libertarian.

  5. Re: So he's a libertarian by Anonymous Coward · · Score: 1

    And you fail to understand what it means to be libertarian. Suing people is not contrary to the libertarian philosophy.

  6. Whaaaaa by Anonymous Coward · · Score: 2, Interesting

    Cry me a river. He sold his name out, now he has to live with the consequences.

  7. He won't win by Anonymous Coward · · Score: 0

    Same thing happened with Mark Levinson and his namesake company

  8. When John McAfee is president by Anonymous Coward · · Score: 2, Funny

    We're going to build a wall around Silicon Valley and make them pay for it. When the big earthquake comes, they and their $5000/month studio apartments can all crumble into the sea.

  9. Should sue them for what Intel did to his name by geek · · Score: 4, Interesting

    Intel has fucked that division sideways. I just had a meeting with the intel security team, including their CTO and they are totally out of ideas and out of their depths. They have no vision for how to compete with the new companies nipping at their heels and are at least 5 years away from a viable product for the enterprise that isn't signature based.

    Anyone that buys McAfee for 3.3 billion is out of their freaking minds.

    1. Re:Should sue them for what Intel did to his name by Anonymous Coward · · Score: 1

      As opposed to how fucked his name was before Intel bought it?

      "Uninstall anything McAfee" has been standard practice for every tech I know for many years now. John McAfee and Peter Norton are synonymous with shit.

    2. Re:Should sue them for what Intel did to his name by Anonymous Coward · · Score: 0

      Yes he's become a billionaire and stayed one for 40 years because he's "stupid." You fucking leftists need a new line. Calling everyone you disagree with stupid has worn itself out. You're just a tired fucking meme at this point.

    3. Re:Should sue them for what Intel did to his name by Anonymous Coward · · Score: 1

      Anyone that buys McAfee for 3.3 billion is out of their freaking minds.

      Anyone who buys McAfee for $44.99 (discounted from $89.99 at the moment) is out of their freaking minds.

    4. Re:Should sue them for what Intel did to his name by Anonymous Coward · · Score: 0

      If you've ever worked for a Fortune 500 corporation, you'd realize that there's no way a fundamental advance in the state of the art (beyond signature-based malware detection in this case) would come from the corporation's own R&D. Nothing in a Fortune 500 company is set up to encourage, reward, or nurture a fundamental advance, although they diligently file for patents for borderline-obvious extensions of the current state of the art.

      So the way these big companies keep their technology stack up to date is through acquisition.

    5. Re:Should sue them for what Intel did to his name by Anonymous Coward · · Score: 0

      McAfee is not a billionaire. At most, he made tens of millions. He cashed out two years after it went public. He didn't make any money through the acquisitions by Network General and Intel.

    6. Re:Should sue them for what Intel did to his name by Anonymous Coward · · Score: 0

      As opposed to how fucked his name was before Intel bought it?

      "Uninstall anything McAfee" has been standard practice for every tech I know for many years now. John McAfee and Peter Norton are synonymous with shit.

      McAfee is, Norton is not. Norton was good when it was his face on the box. Once Symantec took over, that was the end of NAV.

    7. Re:Should sue them for what Intel did to his name by bloodhawk · · Score: 1

      how do you fuck a name that was already fucked. well before Intel bought it Mcafee was synonymous with shitty security software that survived through OEM deals bundling it to clueless users.

    8. Re:Should sue them for what Intel did to his name by Anonymous Coward · · Score: 0

      I work for a company that's about to dump over 2 Million dollars/yr worth of hardware leases / software licenses / and support contracts with intel security. This includes Email Gateways / DLP / Anti-Virus / SIEM / etc.

      Good riddance. The company is a total fucking skidmark on the underwear of the IT Security industry. Intel Security can go bankrupt for all I care.

    9. Re:Should sue them for what Intel did to his name by Anonymous Coward · · Score: 0

      Real security:
      You: I don't want this bit of software to run
      PC: Ok. Stopped it.

      Modern hardware based security:
      You: I don't want this bit of software to run
      PC: Hang on [checks with vendor]. Sorry, can't do that.
      You: Fuck this. I own you.
      PC: No, you rent me. My owner says that advert/spyware must run.

    10. Re:Should sue them for what Intel did to his name by Anonymous Coward · · Score: 0

      Are you being thick on purpose? McAfee sold his brand and name for lots and lots of money. He's already had the one in a billion pay-out. But due to the shitty reputation of McAfee, Intel rebranded it to avoid the garbage associated with the former owner. Intel stabilized the McAfee name, the person it was based on, though... Seriously, do you not know anything about John?

    11. Re:Should sue them for what Intel did to his name by Anonymous Coward · · Score: 0

      Norton Commander was a wonderful MS-DOS program. Stopped using it when the Windows Explorer appeared though.

    12. Re:Should sue them for what Intel did to his name by Areyoukiddingme · · Score: 1

      Norton Commander was a wonderful MS-DOS program. Stopped using it when the Windows Explorer appeared though.

      Windows Explorer is a horrifyingly bad interface for file management, just like the Mac Finder is a horrifyingly bad interface for file management. Use Total Commander. It can use Explorer plugins, so your SVN/GIT plugins still work, including overlays, plus it has tabs in both panes, and it is the two-paned wonder that was Norton Commander, except now it's resizeable and not everything is in ALL CAPS.

      (But do turn off the default bold fonts and turn off the old-fashioned square brackets around directory names, out of the box settings that make it look awful.)

      It also has viewer and archiver plugins, so it can view practically anything, nicely, and it can treat every archive format under the sun as a directory. Like, everything. From ARJ and ACE to 7Z and RAR to gz, bz2, xz, and rpm, it can do it. It even has filesystem plugins that can do outrageous things, like a secure erase plugin that lets you move stuff into it instead of deleting. It will munge the file data for you before deleting the file.

      Try it. You'll like it. Then buy it. It's a one man operation, not counting the plugins. (No, not me. I have no affiliation, this is not a paid endorsement, yada yada.) Oh, and icing on the cake, it can run under WINE in Linux, and behaves quite normally, so it can replace poor old Midnight Commander, which has not kept up with the times.

  10. Simple solution by Anonymous Coward · · Score: 2, Interesting

    Change your name to John Intelsucks, you'll soon get your rights back.

  11. Ok small thinker ...try McDonald's by Anonymous Coward · · Score: 0

    If you last name is McDonald, good luck with trying to use your last name in your company name.

    1. Re:Ok small thinker ...try McDonald's by SvnLyrBrto · · Score: 1

      Except in the UK in general and Scotland in particular, where the lord of Clan Macdonald has your back.

      --
      Imagine all the people...
    2. Re:Ok small thinker ...try McDonald's by Anonymous Coward · · Score: 0

      I am aware of a couple of times McDonald's have tried to stop somebody else operating a restaurant under that name. Both cases were dismissed and old Ronald was ordered to paid costs.

  12. He can buy it back ... by perpenso · · Score: 2

    Cry me a river. He sold his name out, now he has to live with the consequences.

    Exactly. He chose his name as a "brand", he trademarked that name/brand, he sold that name/brand. He received large sums of money so others could exclusively use that name/brand.

    If he wants that name/brand he can buy it, just like the people he sold it to.

    1. Re:He can buy it back ... by Calydor · · Score: 2

      But the thing is he didn't have to change his name when he sold the brand.

      Should we only ever get one chance to use our real names as a brand?

      --
      -=This sig has nothing to do with my comment. Move along now=-
    2. Re:He can buy it back ... by Cigaes · · Score: 1

      Hear, hear.

      This is exactly wanting to have the cake and eat it. Or even more appropriately, the French version: he wants the butter and keep the butter money.

      As a side note, since trademarks are associated with a particular kind of products, he could sell McAfee sandwiches or open the MacAfee massage salon and be ok.

    3. Re:He can buy it back ... by bill_mcgonigle · · Score: 1

      Should we only ever get one chance to use our real names as a brand?

      We can do whatever we want with our names, including selling the exclusive rights to use them. What we cannot do (ethically) is then renege on the deal. And getting the courts to try to intercede and vacate the deal is even more ethically repugnant.

      (if reports are to be believed - who knows what really happened)

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    4. Re:He can buy it back ... by perpenso · · Score: 4, Insightful

      But the thing is he didn't have to change his name when he sold the brand.

      A trademark is specific to a particular category, the exclusivity only applies to the specifically stated category. For example he is free to start McAfee Pharmaceuticals Inc but not McAfee Software Development Inc. Similarly names are outside of the stated category.

      Should we only ever get one chance to use our real names as a brand?

      You are not limited to one chance unless you voluntarily SELL a brand based on your name, and again its category specific. He could have sold the technology, the software/data/patents/etc, while retaining the company/brand name. But he would have received less money. He CHOSE to go for a bigger payday by letting the name/brand go.

    5. Re:He can buy it back ... by stephanruby · · Score: 2

      Exactly. He chose his name as a "brand", he trademarked that name/brand, he sold that name/brand. He received large sums of money so others could exclusively use that name/brand. If he wants that name/brand he can buy it, just like the people he sold it to.

      Actually, he may have a case.

      Intel did rename MacAffee Security to Intel Security.

      The phrase "use it or lose it," while cliché, aptly describes the underlying principles for obtaining and maintaining trademark rights in the United States.
      Use, not registration, matters most in the United States.
      See article.

      And it's not like Intel doesn't have lawyers on staff.

    6. Re:He can buy it back ... by radarskiy · · Score: 2

      The business unit was re-branded, since it now does more than create McAfee products. However, the McAfee products are still branded McAfee.

    7. Re:He can buy it back ... by mysidia · · Score: 2

      . He received large sums of money so others could exclusively use that name/brand.

      And that Name/Brand is McAfee Antivirus, not John McAfee, and definitely not "John McAfee Global Technologies" .

      In fact.... I know another person named McAfee, who has a son named John, so this John doesn't have exclusive use of even 'John McAfee', either.
      There are other people on earth with this name. And it's a common custom / tradition to name projects or small businesses / ventures after yourself.

      Just because you named a company so its name includes your name does not mean that selling your company transfers rights to your personal name.
      Only issue would be if the new company were going to be a security software maker and sell a security product with a confusingly-similar name on the product or point of retail.

    8. Re:He can buy it back ... by Anonymous Coward · · Score: 0

      if your name is Ronald McDonald yes.

    9. Re:He can buy it back ... by Anonymous Coward · · Score: 0

      If I received the amount of money he did in the deal I would have no problem not being able to use my name as a brand again.

    10. Re:He can buy it back ... by ravenshrike · · Score: 1

      Well, yes, and if he tries to brand the products themselves with some derivation of McAfee you would have a solid point. However currently all he's doing is naming the company John McAfee Global Technologies Inc which may be perfectly legal since Intel voluntarily dropped the usage of the company name.

    11. Re:He can buy it back ... by viperidaenz · · Score: 1

      Have a look at www.mcafee.com
      It's still a trade name they use. The products Intel Security sell are all called "McAfee ....."

    12. Re:He can buy it back ... by Anonymous Coward · · Score: 0

      There are ways to use the trademarks to prevent it from being lost. Hummer cologne is a great example by General Motors. GM is keeping that cologne around for just incase. Who cares that they don't sell any and pay Macy's to keep it on shelves. That's nothing compared to imagining Ford or Jeep coming out with Hummers.

    13. Re:He can buy it back ... by perpenso · · Score: 1

      . He received large sums of money so others could exclusively use that name/brand.

      And that Name/Brand is McAfee Antivirus, not John McAfee, and definitely not "John McAfee Global Technologies" .

      Trademark conflicts are not precise (sub)string matches. Trademarks apply to specific categories of business activities. But if the later intends to be involved in software and computer security then it would seem a clear violation. Even software utilities for computers would be a likely violation. If its a pharmaceuticals company he should be OK.

      In fact.... I know another person named McAfee, who has a son named John, ...

      And obviously someone who did not trademark "McAfee" if the field computer utilities and security, unlike the other McAfee.

      And it's a common custom / tradition to name projects or small businesses / ventures after yourself.

      When there is no trademark conflict. There is no "right" to use your name for a product or business.

      Only issue would be if the new company were going to be a security software maker and sell a security product with a confusingly-similar name on the product or point of retail.

      "Confusing" in trademark terms would be anything that remotely looks like or sounds like "McAfee".

    14. Re:He can buy it back ... by perpenso · · Score: 1

      Well, yes, and if he tries to brand the products themselves with some derivation of McAfee you would have a solid point. However currently all he's doing is naming the company John McAfee Global Technologies Inc which may be perfectly legal since Intel voluntarily dropped the usage of the company name.

      No, that is not how trademarks work. If the new company does work in a category covered by the old trademarks Intel bought then there is a conflict. Trademarks apply to any use, features, products, company names, etc ... there is no distinction between them.

    15. Re:He can buy it back ... by SvnLyrBrto · · Score: 1

      McAfee should set up shop in Scotland.

      In the 1990s, McDonalds (The shitty cheeseburger company) started getting a bit sue-happy in the UK wrt/ various businesses with Mc or Mac as part of their name. The Right Honourable Godfrey James Macdonald of Macdonald, 8th Lord Macdonald, Chief of the Name and Arms of Macdonald, High Chief of Clan Donald and 34th hereditary Chief of Clan Donald, was not amused. When the men of the golden arches found themselves about to run head-on into ancient Highland Scots clan law, and possibly some angry Scotsmen, they promptly turned tail and ran. I doubt Intel would fare much better.

      --
      Imagine all the people...
    16. Re:He can buy it back ... by Anonymous Coward · · Score: 0

      Trademarks are at least somewhat use it or lose it.

      Also "computers" is a massive category with it's own sub-categorizes.

      Since proper name trademarks have always been week, it's pretty obvious this an anti-competitive legal action.

      It will probably work, and the world will be a little bit worse.

    17. Re: He can buy it back ... by Anonymous Coward · · Score: 0

      Unless he trademarked it in more categories before selling it.

    18. Re: He can buy it back ... by Anonymous Coward · · Score: 0

      can you legally sell out rights to use your name though? and intel seems to be using the name for other stuff.

      also the sw is crap, so maybe he should sue for defamation.

    19. Re:He can buy it back ... by Aighearach · · Score: 1

      That's the thing about trademarks, they only cover the exact thing where it would be confusing, they don't cover all words that have any overlap.

      In this case, what he sold was apparently "McAfee Associates" and I'd assume a trademark of "McAfee."

      It is very unlikely that anybody would confuse John McAfee Blah Blah with McAfee Associates, considering McAfee Associates doesn't exist! And the bare word "McAfee" does not prevent people named McAfee from using their name. Though if they're in the same industry, it would force them to use more of their name, since that trademark got the bare word first.

      Basically nobody serious thinks that selling a company that contains your name in the name of the company prevents you from ever using your name again in business. When the owners of that trademark bought the mark, they surely knew that there still existed a guy a named John McAfee, who sometimes does things to make money.

    20. Re:He can buy it back ... by russotto · · Score: 1

      I don't think McAfee bringing a claymore to Intel HQ is going to do anything but get him arrested. But it IS McAfee; if you happen to be around and see anything marked "This side towards enemy", run away!

    21. Re:He can buy it back ... by perpenso · · Score: 1

      That's the thing about trademarks, they only cover the exact thing where it would be confusing, they don't cover all words that have any overlap.

      You have been severely misinformed. A subset, something partial, something similar ... all would be subject to trademark violations. **If** the new company is conducting any activity in the same categories that the old trademark was filed under.

      McAfee Associates doesn't exist!

      The McAfee trademark is **currently** being used by Intel for various Intel Security products.

      And the bare word "McAfee" does not prevent people named McAfee from using their name.

      One a trademark has been issued there absolutely is. The only thing special about a name is that it is hard to trademark, **until** the name becomes closely associated with a product, service, company, etc. People named McDonald can't use their name for a restaurant, people named Disney can't use their name for an entertainment company, etc.

      When the owners of that trademark bought the mark, they surely knew that there still existed a guy a named John McAfee, who sometimes does things to make money.

      The buyers knew what I explained above. McAfee is not restrained from creating a new business, he just can't use his name on a new company, service, product etc in certain activities because **he** trademarked it and then **he** sold that trademark to someone else.

    22. Re:He can buy it back ... by silentcoder · · Score: 1

      So this means Mike McAfee can be sued over McAfee plumbing services ?

      That's not how trademark law works. Trademarks only apply in the same sphere of trade - and where using a similar name could cause confusion for consumers. I suspect he has good odds in this case - very few judges (and all but the most pliant of juries) would accept the idea that this company is in the same sphere of trade as antivirus software.

      --
      Unicode killed the ASCII-art *
    23. Re:He can buy it back ... by silentcoder · · Score: 1

      It being McAfee the label is more likely to read "Hold blunt end. Insert pointy end into opponent's liver by means of vigorous arm motion."

      --
      Unicode killed the ASCII-art *
    24. Re:He can buy it back ... by perpenso · · Score: 1

      So this means Mike McAfee can be sued over McAfee plumbing services ? That's not how trademark law works. Trademarks only apply in the same sphere of trade - and where using a similar name could cause confusion for consumers.

      Yeah, I know, I used McAfee Pharmaceuticals to make that point in various posts in this thread. :-)

      I suspect he has good odds in this case - very few judges (and all but the most pliant of juries) would accept the idea that this company is in the same sphere of trade as antivirus software.

      Sorry, the categories for trademarks are not that narrow. Anything related to computer security is probably off limits, utility software for detecting hardware and software problems, etc; there are various live trademarks in these area. Probably even utility software in general, from a 1992 trademark renewed in 2014: "computer programs; namely, utility programs and anti-virus programs" under the category "Computer and Software Products and Electrical and Scientific Products".

    25. Re:He can buy it back ... by Anonymous Coward · · Score: 0

      It being McAfee the label is more likely to read "Hold blunt end. Insert pointy end into opponent's liver by means of vigorous arm motion."

      That sounds like a process patent, not a trademark. :-)

    26. Re:He can buy it back ... by Anonymous Coward · · Score: 0

      You are not limited to one chance unless you voluntarily SELL a brand based on your name, and again its category specific. He could have sold the technology, the software/data/patents/etc, while retaining the company/brand name. But he would have received less money. He CHOSE to go for a bigger payday by letting the name/brand go.

      That's an incredibly foolish way to look at things. Contract law is the bread-and-butter of the legal profession: this leads to many abuses. In a sense, the history of contract law is a history of courts going back-and-forth over what can legitimately be put into a contract - you'll see this if you read any decent textbook on contract law. But the legal profession, as a class in society, is in a position of ethical conflict of interest with respect to determining what can go into a contract, and hence the abuses.

      It follows that society needs to be a constant eye on what the lawyers are doing: in this as in other matters, eternal vigilance is the price of liberty. Unfortunately, very few people understand enough about the law to be vigilent: a course in history and philosophy of law really should be required for a high school degree. This would be required not with the intention of brain-washing people into accepting the current legal system (which is riddled with problems, including many violations of the Bill of Rights - power, in and of itself, corrupts), but rather with the intent of giving the public the tools needed to make good decisions when the opportunity to change things arises - whether on a jury, or protesting in the streets, or in voting.

      It should not have been the case that McAfee had his name stolen by any contract. It's one thing to let them take the name with respect to the existing product, and perhaps even with respect to derivatives (though there are some obvious problems with doing that), but it's another matter altogether to go beyond that: and hence doing so becomes a legal ethics problem. The right to ethical practice of law arises under the 9th Amendment, and as part of the Bill of Rights - the highest law in the land - supersedes lessor law such as contract law or trademark law. It's that simple.

    27. Re:He can buy it back ... by Anonymous Coward · · Score: 0

      Except he didn't. He sold the trademark to McAfee in the field of security software. Trademarks don't actually work the way most idiots think they do. Trademarks aren't like patents or copyrights--you don't get them as a reward for the creative effort of coming up with something new and nifty. Trademarks exist solely to prevent confusion in the sale of goods, which is why there are substantial limitations.

      For one thing, barring uncommon circumstances, trademarks are limited to specific fields and sometimes specific geographical areas. Nobody is litigating whether Delta Faucets and Delta Airlines came up with the name first because either way, neither is infringing on the other. No reasonable person would believe they're buying Delta plane tickets from the plumbing and fixtures company. What trademark law does do is prevent both companies from moving into the other's industry and operating under the same name, because that WOULD cause confusion.

      Even within the same industry, the question is not whether the trademark intrinsically deserves protection, but rather whether there is confusion. I couldn't take half of Moby Dick and publish it as my own, or publish the whole book with a new epilogue written by me. (Well, I could because it's in the public domain now, but pretend it's not for a moment.) This isn't true in trademark. Starting "Godfather Tony's Pizzeria" wouldn't infringe on "Godfather's Pizza" unless you do a lot of other things to trick people into thinking you're associated. Similarly, if there were a bar called "The Pig & Whistle," that probably wouldn't stop people from opening "The Pig," or "The Whistle," or even "The Whistle and the Pig."

      Moreover, the trademark office tends to be a bit more deferential towards people using their own names. McDonald's doesn't get to stop Steve McDonald from opening Steve McDonald's Country Diner because it's somehow earned an unassailable exclusive right to the word McDonald's. If Steve or someone else dresses up his store with the Golden Arches or otherwise takes steps that make it clear he's trying to trick people into thinking he's associated with the fast food chain, McDonald's can stop him. But they can't bar people from using a surname that's centuries older than their business.

      I would say there's a good chance that "John McAfee's Shitty Security Software" would not be infringing on McAfee, though I could see a court going the other way. A "John McAfee" company operating in an entirely distinct class of software, on the other hand, is pretty much 100% okay.

      There's also the doctrine of abandonment to consider. Unlike copyrights and patents, you can't just sit on a trademark, not using it at all, for the sole purpose of barring others from using it. Remember, trademarks are meant to prevent fraud and confusion. It doesn't matter if you paid millions to, I dunno, Joel Hydrox to buy the Hydrox brand name. If you stop making the cookies, or any other products, under the Hydrox name, then there is absolutely no possibility that someone buying cookies will confuse your Hydrox cookies with someone else's, so there is no reason for the government to prevent someone else from using the name... which is precisely what happened. Someone with nostalgia for Hydrox cookies managed to recreate the recipe--and then he apparently got a lawyer, who helped him to cancel the old Hydrox trademark registration for abandonment.

      Intel hasn't used the McAfee name for years--probably recognizing that they completely trashed the brand. Legally, I don't know if this reaches the point of abandonment, but from a moral standpoint, I don't really support their position at all. If they didn't even want to use the name anymore, stopping John McAfee from going into business under his own name is nothing more than vindictive pettiness.

    28. Re:He can buy it back ... by Anonymous Coward · · Score: 0

      We can do whatever we want with our names, including selling the exclusive rights to use them.

      First, you're wrong about this. For one thing, we don't even have the exclusive rights to our name, therefore it is legally impossible for us to "do whatever we want" with them. You can control the right to use your name and likeness, as associated with your identity, but that's it. So Steele Johnson can stop people from claiming he endorses their product by saying something like "Olympian Steele Johnson's favorite cereal," or plastering his image on the box. But no matter what you or he might think, being the first famous Steele Johnson doesn't give him the right to prevent

      And getting the courts to try to intercede and vacate the deal is even more ethically repugnant.

      Once again, this isn't an accurate representation of the facts.

      Can you please show me in the original contract or some other source where John McAfee purported to sign away all rights to his name, "John McAfee"? (Assuming he even had a right to do so, which legally he does not.) I haven't been able to find the original contract, but from all of the secondary reporting, it looks like the sale of the company only transferred the business and its assets, which include ownership of the McAfee trademark in the field of security software.

      According to McAfee's complaint, Intel is essentially asserting that he both signed away his right to do business under his own name and a non-compete. Now, if McAfee actually did this in the contract, explicitly, then I will agree with your assertion. However, pretty much any contract case requires submitting the contract itself to scrutiny. Submitting a complaint alleging that it didn't happen and then a contract where it clearly did would be incredibly foolish--not only would McAfee be wasting legal fees, it's pretty close to triggering New York state's version of Rule 11 sanctions (where he would essentially be forced to pay for deliberately wasting the court's time.)

      If McAfee is trying to "get the court to intervene" and nullify an actual agreement, as you assert, then he would have to acknowledge that the provisions exist, but then claim they are unenforceable for whatever reason. While the specific defenses might not have to be raised in the complaint, there would be SOMETHING in the complaint to indicate he was going in this direction. There was not.

      Also, there's this thing in law called a declaratory judgment. Essentially, it's a potential defendant suing to get a judicial ruling that he's not liable for whatever he's potentially going to be sued for. It is a tool to curtail, essentially, abusive litigants. Being sued sucks, financially and otherwise. Constantly bracing for a lawsuit because another party keeps threatening to sue you over an issue also exacts a real toll as well, even if you think you'd win. If anything, especially if you think you'd win, since you'd be devoting much more time and energy making preparations so you don't lose make a mistake and lose a case you deserve to win.

      So if a potential litigant--like Intel--essentially keeps telling you that you're committed some tort or some breach, and continues to use threats of litigation to keep you off balance, but refuses to actually sue you (which would give you the chance to resolve the case one way or another and remove this particular weapon against you), suing for a dec judgment is basically telling them that it's time prove their case or shut up. While technically it is McAfee filing the lawsuit, it's really Intel and not McAfee that took the first steps towards getting the courts involved.

    29. Re: He can buy it back ... by Anonymous Coward · · Score: 0

      No, trademarks actually have to be used.

    30. Re:He can buy it back ... by Anonymous Coward · · Score: 0

      Actually, that's not true. "Confusing" in trademark terms is incredibly context dependent. You essentially need to show that there's actually a good chance of confusion among the target customer base. In that area of New York with the crazy pizza rival, Tony's Pizza, Original Tony's Pizza, Tony's Real Original Pizza, (or whatever it is) et al probably haven't bothered to argue any trademark issues in court, but if they ever did, they're exactly the kind of situation where names are similar enough to get the same hits on a Google search, but nonetheless probably aren't confusing in trademark terms because their potential customer base is pretty aware of the distinction.

      On the other end of the spectrum, two products with completely different names might still be confusing if one directly mimics the style and theme (trade dress) of the other in a way meant to trick customers into thinking they're the same product, and the product is part of a market where most customers are unsophisticated and wouldn't take the time to read the name.

    31. Re:He can buy it back ... by Anonymous Coward · · Score: 0

      You have been severely misinformed. A subset, something partial, something similar ... all would be subject to trademark violations. **If** the new company is conducting any activity in the same categories that the old trademark was filed under.

      I'm afraid you're the one who has been misinformed.

      A subset, something partial, something similar ... all COULD be found to be confusing. It all depends on a number of things: the nature of the market, the level of sophistication of the average target customer, the nature of the transaction (i.e., whether it's a two dollar snack you grab from a convenience store without much thought, or if it's a pricey, infrequent purchase like a car, where the average customer would be expected to devote a lot of time and attention to making a choice), whether the trade name in question is conspicuously used to identify the goods in question or only used to identify the business entity. It's why proving confusion is the most interesting part of any trademark case.

      I'm not sure the circumstances favor Intel's case, though McAfee was a bit foolish to file when he did. Remember, the trademark/service mark classes are half a century old, and are only the minimum bar for making a prima facie case. The fact that the PTO lumps all software, hardware, scientific instruments, and some other crap into the same category just means that a case between, say, Star Software and Star Computer Hardware, won't be thrown out on a motion to dismiss. The plaintiff still has to prove actual likelihood of confusion. You can do this by arguing the various facts about the market and the products, but some of the best evidence is to run studies to show that actual confusion exists among the target customers (or alternately, that most average consumers are well aware that the similarly named products or businesses are distinct and unrelated.) In the last few decades, software companies have only specialized more, and customers don't really see "software" as a monolithic product class. McAfee should have waited as long as he could, getting in the news as much as possible, waiting for his target customers to grow more sophisticated. When he did put out products, he should stay in distinct areas of software far from security, and he shouldn't use his name or his new company name to brand the actual product when it comes out. In other words, he should make it impossible for Intel to find a large group of customers who aren't well aware that the cyber security company once known as McAfee (and very recently renamed McAfee) and John McAfee's new venture aren't related.

  13. He might want to rethink this by 93+Escort+Wagon · · Score: 4, Insightful

    Given what he's been doing over the past couple of decades, and given for what he was in the news a few years ago - a lot of people hear "John McAfee" and think of something other than software.

    --
    #DeleteChrome
  14. Trademarks are about brand confusion not ownership by Anonymous Coward · · Score: 1

    Trademarks are not copy"rights". They are to protect against brand confusion. When one registers a trademark they do so for a particular category. I can registrar 'penguin' as a trademark for selling computers and another company with the same name can register 'penguin' as a trademark for selling ICE (http://www.icehouseamerica.com/images/home-feature2.jpg). There is no issue of confusion here. Apple is also a great example. Apple records and Apple computer. Until Apple started selling music nobody would have confused the two. This is where a company with a trademark could actually violate another companies trademark despite having the same name trademarked.

    McAfee should not have a problem registering a trademark for his company under his name or with his name in it so long as it has nothing to do with anti-virus software.

  15. Good luck with that. by fahrbot-bot · · Score: 4, Interesting
    This happened with Walter S. Taylor and his (now) Bully Hill Vineyard. His grandfather started the Taylor Wine Company in New York. Walter joined the company as Exec VP and was disturbed by various legal practices (below):

    Walter became growingly concerned with the direction Taylor was taking under the protection of New York law—protection that let wineries deceptively make their wine under a veil of secrecy. Wineries could add dozens of chemicals, concentrates, water, and “foreign” juice to their wines without informing the consumer on the label. Deep in the middle of the night, under a veil of secrecy, wineries would receive deliveries of juice from California in “Tank Cars” to add to their wines. They could even still call their bottle of wine a New York wine!

    He spoke out, was eventually fired and started Bully Hill Vineyards. In 1977, Taylor Wine was bought out by Coca-Cola and they filed an injunction preventing Walter from using the name "Taylor" on any of his products or making any implications that he / Bully Hill was ever associated with Taylor Wine.

    When I visited the winery in the 1980s, all the labels said "Walter S. [blacked out]" and featured a picture of the company mascot - a goat. Underneath it said, "They got my name, but they didn't get my goat."

    --
    It must have been something you assimilated. . . .
    1. Re:Good luck with that. by fahrbot-bot · · Score: 3, Funny

      After looking at John McAfee ... perhaps he can follow a similar path as Walter S. Taylor.

      A picture of his face and underneath it says: John D. [blacked out] -- They got my name, but they didn't get my goatee.

      --
      It must have been something you assimilated. . . .
  16. Re: So he's a libertarian by bill_mcgonigle · · Score: 1

    If it's true that he's suing to get a court to invalidate a mutually-agreed voluntary private contact, then it sure is.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  17. Seemed to work out under his watch by Anonymous Coward · · Score: 1

    They think putting his name on things is a good idea once again?

    Seemed to work out under his watch. What came after his payout and departure isn't his fault.

    In no way should the above be interpreted to suggest that McAfee is not a lunatic in my humble opinion. Maybe he's some type of software idiot savant?

    1. Re:Seemed to work out under his watch by Anonymous Coward · · Score: 0

      When the company was under his watch the man's reputation was still intact. Past performance is no indicator of future results, especially when you've spend a decade on bath salts in the middle.

    2. Re:Seemed to work out under his watch by silentcoder · · Score: 1

      >Maybe he's some type of software idiot savant?

      Is there such a thing as a psychopath-savant ? I nominate Reiser and McAfee for case studies.

      --
      Unicode killed the ASCII-art *
  18. Re:Trademarks are about brand confusion not owners by Shimbo · · Score: 2

    Apple is also a great example. Apple records and Apple computer. Until Apple started selling music nobody would have confused the two.

    Actually Apple is a very poor example, because Apple Corps and Apple Inc. have a long history of trademark litigation https://en.wikipedia.org/wiki/...

  19. Ok smaller thinker ... look at trademark classes by Anonymous Coward · · Score: 1, Informative

    If you last name is McDonald, good luck with trying to use your last name in your company name.

    Trademarks are specific to a type of business. In something completely unrelated the trademark does not apply and may be used. That said, McDonalds is involved in a lot of things besides food.

    Go to the US patent and trademark website, search for McDonalds and see what trademark classes they fall under. Other classes are available for your business.

  20. He's had nothing to do with them by Anonymous Coward · · Score: 0

    for 18 years.

    source

  21. Re: So he's a libertarian by DaHat · · Score: 2

    I'm not privy to the specifics of the contract, are you?

    All I see here and in TFA is that Intel said McAfee can't use his own name in a company name, not that he sold full rights to his name when he left the company.

    For all we know he is going to court to get a declaratory ruling as to if he is able to do so or not, rather than change his new company name to what he wants and deal with a more expensive Intel suit.

  22. Lookin' for a job in the city.. by Applehu+Akbar · · Score: 1, Interesting

    Intel is going to lose on this one, because of the Creedence Clearwater precedent, in which it was ruled that you cannot be accused of plagiarizing yourself:

    http://mentalfloss.com/article...

    1. Re:Lookin' for a job in the city.. by viperidaenz · · Score: 2

      What does this trademark lawsuit have to do with a copyright lawsuit?

    2. Re:Lookin' for a job in the city.. by Applehu+Akbar · · Score: 1

      Because your name is as much yours as your musical style.

    3. Re:Lookin' for a job in the city.. by viperidaenz · · Score: 1

      Copyright and trademark laws are not the same.
      If your name was "Norman McDonald" you're going to be sued for calling your restaurant "McDonald's Hamburgers"

    4. Re:Lookin' for a job in the city.. by Desler · · Score: 1

      Again, what relevance does that have to trademark law?

    5. Re:Lookin' for a job in the city.. by Anonymous Coward · · Score: 0

      completely irrelevant and unrelated. trademark law does not work that way.

    6. Re: Lookin' for a job in the city.. by Anonymous Coward · · Score: 0

      not "norman mcdonald cooks burgers here" though. which would be the case here.

  23. Asshole by viperidaenz · · Score: 1

    He sold his name, now wants it back for free?

    1. Re:Asshole by ArtemaOne · · Score: 2

      The Trademark has been unused for years, giving him grounds for forced negotiation at the very least.

    2. Re:Asshole by viperidaenz · · Score: 1
    3. Re:Asshole by Anonymous Coward · · Score: 0

      unused? they still sell MacAfee anti virus. admittedly the world would be a better place if that shit didn't exist but it does. The only thing intel renamed was the division that produces the software, they did not rename the products themselves as the name unbelievably still has some value.

  24. Thomas Dolby/Dolby precedent by Anonymous Coward · · Score: 0

    I don't get why Intel can even assert such a restriction. The US is messed up beyond belief.

    1. Re: Thomas Dolby/Dolby precedent by Anonymous Coward · · Score: 0

      It's a good thing you are not his lawyer.

    2. Re:Thomas Dolby/Dolby precedent by bloodhawk · · Score: 1

      Because they paid a shitload of money for the name which he freely sold and received a shitload of money for and which Intel still use on products?

  25. Re:Trademarks are about brand confusion not owners by viperidaenz · · Score: 1

    Unless John McAfee wants to register a trademark in the security software or air purification categories

  26. Same thing with Ransom Eli Olds by knorthern+knight · · Score: 3, Interesting

    Ransom Eli Olds https://en.wikipedia.org/wiki/... founded Olds Motor Vehicle Company, later renamed Olds Motor Works. The company was bought out by GM in 1908. When Mr. Olds got back into the automotive business, he obviously couldn't use the "Olds" name for his product, which might cause confusion with GM's "Oldsmobile".

    He use an acronym based on his initials for the truck company he set up. The product was called the "REO Speed Wagon" https://en.wikipedia.org/wiki/...

    --

    I'm not repeating myself
    I'm an X window user; I'm an ex-Windows user
    1. Re:Same thing with Ransom Eli Olds by Anonymous Coward · · Score: 0

      And after selling the Famous Amos brand Mr. Amos went and started Uncle Noname's Cookie Company.

  27. Re: So he's a libertarian by Anonymous Coward · · Score: 0

    Intel sells security software called "McAfee." Since "antivirus software" and "investment house" are not synonymous terms, it is perfectly libertarian to defend your right to call your investment house "McAfee."

  28. Re:Ok smaller thinker ... look at trademark classe by ls671 · · Score: 0

    posting to remove wrong mod in above post, sorryhttps://yro.slashdot.org/story/16/09/04/1819241/john-mcafee-sues-intel-to-use-his-own-name#

    --
    Everything I write is lies, read between the lines.
  29. "McAfee" actively in use by Intel by perpenso · · Score: 1

    Actually, he may have a case. Intel did rename MacAffee Security to Intel Security.

    Intel still uses the McAfee brand, mcafee.com describes the Intel Security offerings. The Intel Security webpages include McAfee logs and the text "McAfee" in the description of various technologies, ex "McAfee Enterprise Security Manager".

  30. free press by Anonymous Coward · · Score: 0

    Perhaps he's using it for free press, which, of course, we're glad to provide him.

  31. Free McAfee! by Anonymous Coward · · Score: 0

    Come on, Intel! You don't even use his name anymore and McAfee has said and done some very, very weird things that any sane company would want to distance themselves from.

    13 Crazy Things Said by Antivirus Guru and Presidential Candidate John McAfee https://www.yahoo.com/tech/13-... The insane life of John McAfee http://www.businessinsider.com...

    1. Re: Free McAfee! by Anonymous Coward · · Score: 0

      i just got mcafee av for free last month.

      its still ver much alive

  32. Re: So he's a libertarian by Anonymous Coward · · Score: 0

    McAfee left his namesake company long before it went public and he sold all his shares a few years after it went public.

  33. Re:After how the last name-badged company turned o by Aighearach · · Score: 1

    It was pretty awesome back when he was in charge. Before the internet was even public, they had an FTP server with the login "ftp" and the password "ftp123" and any customer could download new binaries. Well, or even a non-customer, actually. ;) And the product was good. It was early in the arms race, and his product did a good job at detecting known threats, which was the purpose. Viruses were mostly being transmitted in floppy disks back then.

    The crappiness was entirely associated with the brand at a later time, after he wasn't working there anymore. He was only there the first 5 years.

    He has every right to use his own name in trade, they were fools to threaten him. He's going to court to prove them wrong, they'll have to admit they were wrong in advance to avoid spending the money on it. And it is a slam dunk for him. He won't get any money or anything, but he'll win. A feather for his cap!

  34. Intel by Orion+Blastar · · Score: 1

    pretty much killed McAfee Antivirus by bloating it up so much to use so much memory that it killed sales and people went to Nod32 and other antivirus programs that used less memory and ran faster.

    Intel did this on purpose so people would think their old PCs needed a new upgrade to a faster processor to run AV faster. The same thing happens with video games eating up a lot of memory foring gaming to buy new parts.

    --
    Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
    1. Re:Intel by AC-x · · Score: 1

      Intel killed McAfee? They only acquired it in 2010, when exactly was McAfee ever good??

  35. Re: So he's a libertarian by AC-x · · Score: 1

    The "McAfee" trademark is registered under various categories including the "Scientific and technological services" category (code 042), so trying to register "John McAfee Global Technologies Inc" is going to conflict with that.

  36. Re:Trademarks are about brand confusion not owners by AC-x · · Score: 1

    McAfee should not have a problem registering a trademark for his company under his name or with his name in it so long as it has nothing to do with anti-virus software.

    The "McAfee" trademark is registered under various categories including the "Scientific and technological services" category (code 042), so trying to register "John McAfee Global Technologies Inc" is very likely going to conflict with that.

  37. Re:After how the last name-badged company turned o by Entrope · · Score: 1

    He *had* every right to use his own name in trade. Then he sold those rights. What (do you think) happened that made those rights revert to him?

  38. Re:After how the last name-badged company turned o by don2545 · · Score: 1

    Walter S Taylor had the same problem after CocaCola bought the Taylor Wine Company in upstate New York. Walter lost his last name in court!

  39. Re: So he's a libertarian by Anonymous Coward · · Score: 0

    He's a libertarian, insofar as he's a rat bastard.

  40. Note to self by Anonymous Coward · · Score: 0

    Note to self: "Intel Security" is apparently based on McAfee products, so don't ever, EVER use it.

  41. I was thinking... by Anonymous Coward · · Score: 0

    Bathsalt Software Technology Inc.

  42. Re:After how the last name-badged company turned o by Coren22 · · Score: 1

    What makes you think he sold the rights to his name? I am not privy to whatever agreement allowed McAfee security to retain the name after he left, are you an insider in that agreement? McAfee the person made no agreements with Intel when McAfee the company was sold to Intel as he was not involved at that time.

    --
    APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  43. Re:After how the last name-badged company turned o by Entrope · · Score: 1

    I think he sold the rights to use his name because uspto.gov lists McAfee, Inc., as the owner of the relevant trademarks. Brains: How do they work?

  44. Re:After how the last name-badged company turned o by Anonymous Coward · · Score: 0

    What trademarks do they actually own? The McAfee name perhaps, but that doesn't necessarily apply to the "John McAfee" name, I think the difference is significant enough that a court will decide that is non-infringing. Do you know how trademarks work?