Sparc suing website because names sound alike

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Modelworks

Lifer
Feb 22, 2007
16,240
7
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Sparkfun.com has received a letter from SPARC saying they can't use the name because spark sounds like sparc . I have used sparkfun ever since the company started selling things. They have items that cannot be found elsewhere, nothing to do with SPARC or SUN. Sparkfun sells electronics hobbyist items like ARM, AVR, Ardruino kits, sensors for robots, etc. I guess anything with the name spark is a valid target.




http://www.sparkfun.com/commerce/categories.php
SparkFun is all about open. Whether sharing the pcb design files for our products or posting pictures from the office on flickr, we're pretty open about what it's like to work here. Today we'd like to share with you a cease and desist letter we received from SPARC International. Here's a link to SPARC on wikipedia in case you don't know who SPARC is.

SPARC International's' attorneys seem to think SPARC looks and sounds an awful lot like SparkFun. Tuesday morning we received a cease and desist letter from K&L Gates law firm. Amongst other things they demand that we "immediately take steps to transfer the sparkfun.com domain name to [SPARC International]." Right. Let me just find where I put that password...
 

PottedMeat

Lifer
Apr 17, 2002
12,365
475
126
Are these the same morons that represent Monster Cable?

Maybe these are automatically generated letters to websites with the name SPAR*
 

TechBoyJK

Lifer
Oct 17, 2002
16,701
60
91
Originally posted by: Crono
That's ridiculous, they should definitely fight that.

Can't they just ignore it??? lol

SPARK is a common word. SPARC can just go fuck themselves and pay our courts for the costs.
 

geno

Lifer
Dec 26, 1999
25,074
4
0
Originally posted by: bignateyk
I think if SPARC loses, they should be forced to turn over their domain to SparkFun.

Seriously. There should definitely be a penalty for tying up court resources with such dreck.
 

sdifox

No Lifer
Sep 30, 2005
96,107
15,758
126
SPARC should be sued for sounding like the word SPARK, which is in Public Domain.
 

Jeff7

Lifer
Jan 4, 2001
41,599
19
81
Some companies love doing this.

Wawa sued the owners of Haha, a small convenience store whose owners had the last names Haas and Haas. There was no logo similarity at all, except for the fact that both used letters to convey information.
Haha was a single store in a rural area, about 10 miles from the nearest Wawa.

But there was still a lawsuit, and since Wawa's annual legal budget is probably more than Haha's gross revenue for the same time period, they won the case.


 

Jeeebus

Diamond Member
Aug 29, 2006
9,180
897
126
as an attorney, this doesn't really seem to have any merit.

That said, Sparkfun should have the common sense to keep things like this private, or at least run it by their attorneys before posting to their website (which I'll have to assume they did not).
 

Trygve

Golden Member
Aug 1, 2001
1,428
9
0
In these tough economic times, even trademark lawyers are having to scrape the bottom of the billable hours barrel to keep up with their BMW payments. Sounds like K&L Gates is serious enough that Sparkfun might need to stockpile some legal firepower of their own. I wish them luck.

Most C&D letters these days have about the same legal basis and significance as a grumpy motorist giving you the finger in traffic. One I got a few years ago was filled with dire threats of extreme legal action and consequences despite the small (but significant) detail that the lawyer had neglected to verify that the client in question was, in fact, the legal registrant of the trademark they were writing about (they weren't--it was a registered trademark, but it belonged to an entirely different and unrelated company).

Then two weeks ago, there was Monster Energy drink who was claiming that I had violated their trademark rights by selling products that were "confusing similar" to Monster Energy Drink: i.e., A Monster Movie. Granted, that film does fall into the "late night cable fare" category, but I think their legal team may have just done a few too many late nights subsisting only on Monster Energy.

(Yes, there *was* a picture taken during production where I was holding a can of Monster Energy Drink, but neither that picture nor any semblance of the Monster Energy logo appear in the movie or in any of the marketing materials for it.)
 
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