Re: FW: Potential legal problem??
Steven H. Rogers <steve <at> shrogers.com>
2006-12-19 03:21:15 GMT
With SimPy's prior use of the term, it's hard to see that MathWorks could
have a valid infringement case. However, valid or not, MathWorks probably
has a big enough war chest to cause trouble if they choose to do so.
\ Steve
Klaus Muller wrote:
> For background information: we added SimEvents synchronization constructs to SimPy on 5 September
2004.
>
> MathWorks advertised SimEvents 1 for the first time in November 2005.
>
> Klaus Muller
> ------------------------------------------------------------------------
> *From:* Klaus Muller [mailto:kgmuller <at> xs4all.nl]
> *Sent:* Monday, December 18, 2006 3:08 PM
> *To:* 'simpy-users <at> lists.sourceforge.net'
> *Subject:* FW: Potential legal problem??
>
> All:
> Bob brought up a worrying issue here.
>
> What do you all think? Do/could we have a problem here?
>
> Klaus Muller
>
> ------------------------------------------------------------------------
> *From:* The Helmbolds [mailto:helmrp <at> yahoo.com]
> *Sent:* Monday, December 18, 2006 12:47 PM
> *To:* Klaus Muller
> *Cc:* Tony Vignaux
> *Subject:* RE: Potential legal problem??
>
> Yes, the terms are not identical. But that does not mean we can escape
> trademark infringement suits and judgments.
>
> For example, I surely would be the target of a trademark infringement
> suit -- and surely would lose it -- if I were to market a beverage
> called "KokaKola". I doubt that the difference in spelling between that
> and "Coca-Cola" would make much difference.
>
> Even if instead I used "KokaKola" as the name for a nifty computer
> program, I'm sure the Coca-Cola company would still come after me for
> infringement. And they very probably would win in court. Even they lost,
> they would appeal ... and appeal ... and appeal ... .
>
> Legal things get dicey. Some issues may depend on the specific date
> that MathWorks registered their "SimEvents" trademark, and the specific
> date you first used the term "SimEvent". But, of course, you did not
> register it as a trademark. And then things may depend on the specific
> provisions of GPL, or whatever SimPy is licensed as.
>
> Sorry for the trouble this may cause. Hope I'm dead wrong and that there
> really is no problem here.
>
>
> */Klaus Muller <kgmuller <at> xs4all.nl>/* wrote:
>
> Bob,
> maybe this is a problem, maybe not. SimEvent is a component, not a
> system, and in SimPy, we use the term SimEvent, not SimEvent_s_*.*
> **
> *Klaus*
>
> ------------------------------------------------------------------------
> *From:* The Helmbolds [mailto:helmrp <at> yahoo.com]
> *Sent:* Monday, December 18, 2006 11:17 AM
> *To:* Klaus Muller
> *Cc:* Tony Vignaux
> *Subject:* Potential legal problem??
>
> As I am not a lawyer, I do not know whether the following is a
> potential legal problem or not.
>
> In searching the web for glossaries on simulations, I stumbled
> across a listing for SimEvents(TM). It is a discrete event
> simulation system marketed by The MathWorks (the same outfit
> that markets MATLAB). I was struck by the similarity in names.
> Are we infringing on their trademark every time we refer to
> SimEvents in the SimPy context? I don't know.
>
>
>
> ------------------------------------------------------------------------
>
--
--
Steven H. Rogers, Ph.D., steve <at> shrogers.com
Weblog: http://shrogers.com/weblog
"He who refuses to do arithmetic is doomed to talk nonsense."
-- John McCarthy
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