PureBasic Forums - English

Hi all,

recently I published a Freeware program (written in PB, of course), that allows creation and execution of special links, which are stored as plain text files.

Since I consder these links pretty flexible, I called the program "FlexLink". Yesterday I got a cease-and-desist e-mail from a company with he same name, that produces and sells conveyors and industrial automation equipment. They have registered this name as trademark, and they regard the usage of close variations of that trade name as a severe infringement of their intellectual property rights. So it seems that I have to change the name of my program.

I had some ideas, but this time I googled them. And it became apparent, that many, many words which end with "link" are already in use (e.g. "FlexaLink", "FlexiLink", "FxLink", "PureLink", "PurLink", "SmartLink"). Since I think "versatile" might be an even better description for those links rather than "flexible", for now I renamed the program to "VerLink" (e.g. "VersaLink" is already in use, too).

• How does "VerLink" sound in the ears of native English speakers?
• Do you have other ideas for a new name?

Any help is much appreciated!

Regards, Little John

Elastic-Link?

Radix - the root or point of origin

Since your program creates links, I thought of roots. All roots come from some point of origin (your app).

Little John wrote:

• How does "VerLink" sound in the ears of native English speakers?
• Do you have other ideas for a new name?

VerLink sounds pretty good. And a few spitballs: AdaptaLink, LinkEZ, FlexiBlink....

Little John wrote:I called the program "FlexLink". Yesterday I got a cease-and-desist e-mail from a company with he same name, that produces and sells conveyors and industrial automation equipment. They have registered this name as trademark, and they regard the usage of close variations of that trade name as a severe infringement of their intellectual property rights.

But they don't sell software, right? If not, then they can't legally stop you, as they're not in the same field as you. Just like Apple can't stop people using the name Apple for non-computer products, like Apple Records. Of course, they'll take you to court to try to stop you, and you'll definitely win; but the big question is: do you have the money to fight for that win?

MachineCode wrote:

Little John wrote:I called the program "FlexLink". Yesterday I got a cease-and-desist e-mail from a company with he same name, that produces and sells conveyors and industrial automation equipment. They have registered this name as trademark, and they regard the usage of close variations of that trade name as a severe infringement of their intellectual property rights.

But they don't sell software, right? If not, then they can't legally stop you, as they're not in the same field as you. Just like Apple can't stop people using the name Apple for non-computer products, like Apple Records. Of course, they'll take you to court to try to stop you, and you'll definitely win; but the big question is: do you have the money to fight for that win?

In the US, anyway, MC is right here--I don't know about Germany. Anybody know any Monster products? One Monster company (industry left out to avoid the publicity for them) went and trademarked every Monster ____ they could think of, and sued everybody using it. They didn't think of Monster Antiques, but they did sue them....and lost big time, because the antique shop had been open decades longer than the flaky company. They also didn't think of Monster Energy Drinks...and now, they are far more famous than the first Monster company.

Point is, you can register the trademark yourself. It is an unrelated field. A quick search shows 18 FlexLink trademarks at uspto.gov (paper products, chemicals, financial services...), although your Flexlink is in Sweden, and I don't know how EU laws work. You might be able to trademark it in the US, then transfer it. If you anticipate making any money at all, and really do like the name, it would be worth the $300 to discuss it with a lawyer. I know a well written letter on legal letterhead would get them off your back here, but EU? I don't know.

MachineCode wrote:But they don't sell software, right? If not, then they can't legally stop you, as they're not in the same field as you.

Although the main issues are industry and jurisdiction, the internet is somewhat of a grey area.

TI-994A wrote:... the internet is somewhat of a grey area.

Not in the US, it is not. You are either in the same industry (or similar), or you are not.

And, you can either afford to tell them to pound sand, or you cannot. And often, that is even more important than their legal rights.

Tenaja wrote:

TI-994A wrote:... the internet is somewhat of a grey area.

Not in the US, it is not. You are either in the same industry (or similar), or you are not.

And, you can either afford to tell them to pound sand, or you cannot. And often, that is even more important than their legal rights.

It doesn't matter even if you are in the same industry, as long as you are in a different jurisdiction, where the trademark has not been registered.

If a company sold software under the trademark "ABC" for example, you can still sell your software under the same brand name "ABC" if their trademark is not registered in your jurisdiction. But, like I said, the issue of selling it on the internet is a grey area.

PLEASE consult with a Software/Patent/Trademark Lawyer as soon as possible.

You could also try contacting the EFF (Electronic Frontier Foundation) to see if they can either help you, or get you in touch with someone who can if they think your case may have merit.
https://www.eff.org/


I hate it when people are bullied around like this, no matter where they live. It is disgusting

MachineCode wrote:Just like Apple can't stop people using the name Apple for non-computer products, like Apple Records.

Probably not the best example, since they have sued each other multiple times with each side prevailing in some instances

juror wrote:

MachineCode wrote:Just like Apple can't stop people using the name Apple for non-computer products, like Apple Records.

Probably not the best example, since they have sued each other multiple times with each side prevailing in some instances

Err, both companies exist and trade under each name to this day (that is, each has obviously prevailed and hasn't been successful in stopping the other using the word "Apple"), so why is it a bad example? It's a perfect example.

MachineCode wrote:

juror wrote:

MachineCode wrote:Just like Apple can't stop people using the name Apple for non-computer products, like Apple Records.

Probably not the best example, since they have sued each other multiple times with each side prevailing in some instances

Err, both companies exist and trade under each name to this day (that is, each has obviously prevailed and hasn't been successful in stopping the other using the word "Apple"), so why is it a bad example? It's a perfect example.

Because your comment "they'll take you to court to try to stop you, and you'll definitely win" was wrong

Plus - you might want to take a look at FlexLInk, before you comment on who will prevail.

"Software and controls -
FlexLink has MES software to manage and ensure the quality in your production process, as well as line control system for seamless speed adjustments."

He's better off searching for a new name

juror wrote:FlexLink has MES software...

Oh, NOW we get the full story. Software DOES exist after all. Yes, I agree now that a name change would be needed.

...Its far better to conjurer up a new unique name of your own and be done with it - litigation is not just costly money wise, it is detrimental to your health.

LinkIt

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LinkLink

SuperLink

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