A trademark cease-and-desist for Rockbox's Tetrox

Posted Sep 21, 2006 7:37 UTC (Thu) by bignose (subscriber, #40) [Link]

They don't; each country gets to make their own laws. What happens, though, is that the US has for a while now been pressuring each country individually to implement laws friendly to US corporations, under the premise of "Free Trade Agreements".

http://www.eff.org/IP/FTAA/

Posted Sep 21, 2006 7:38 UTC (Thu) by pphaneuf (guest, #23480) [Link]

They don't. That's what our lawyer told us when we received a similar letter (we're based in Canada).

Note that the letter that we received had another letter attached, which basically we'd be nice boys and stop doing anything remotely looking like Tetris, telling us that there would be no lawsuits or anything if we signed that letter and sent it back.

Our lawyer told us that while the cease-and-desist has to be issued by a lawyer in the same country as the recipient, as a general rule, that (in Canada, at least) signing the attached letter and returning it, though, would be considered a contract, and would be applicable!

So we just ditched it in a garbage can and never heard from them again.

Posted Sep 21, 2006 13:03 UTC (Thu) by zabriska (guest, #29486) [Link]

1. If you participate in an activity that could infringe a trademark in more than one country, you may be liable for infringement in each country. The trademark holder can sue you in the country in which the infringement occurred; they do not have to come to your country to sue you.

2. If you put a download on a Web or FTP server that is accessible in a country (even if the server is not located there), then you may incur liability in that country.

3. In the United States, a trademark does not have to be registered to be claimed.

a. In this case, the trademark holder must be able to prove in court that there is a pattern and history of use that establishes and maintains the mark.

b. Unregistered or "common-law" trademarks are recognized in state law in the US. I do not know if they are recognized under Federal (US national) law.

4. At least in the United States, a trademark holder must actively defend a trademark to keep it. Agreed that many lawyers overreact on this one, but a holder who does not "call out" possible infringers risks losing the mark.

5. If you are found to be infringing a trademark in another country and there is a trademark treaty between your country and country of infringement, that obviously works to the holder's advantage. However, a court decision in another country may be held to be persuasive in another if the laws (or applicable elements) are similar. Admiralty (sea) law is an example: American, British, and Canadian courts commonly cite each other's decisions. It is in the holder's interest to first litigate in the most favorable country.

May not be worth $0.02, but there it is...