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SparkFun Gets a Cease and Desist Letterby Nate |
October 23, 2009 |
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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...
I have the utmost respect for Sun Microsystems (owner of SPARC International). They're just down the road! I understand the need for SPARC International lawyers to protect the SPARC brand, but we really have nothing to do with a fine architecture that SPARC produces. I don't think anyone else would confuse the two.
Why did this come up? SparkFun filed for a trademark on January 21, 2009. The process is fairly long, and towards the end the trademark office allows anyone to file an objection to a new trademark. Enter SPARC International.
From the letter: "The SPARC trademark portfolio is an extremely valuable asset belonging to SI..." Indeed, I feel the same way. I would feel bad if anyone confused SparkFun with SPARC International, so let's compare trademarks:
I don't see how our trademarks could be confused.
Letter: "Because the dominant portion of the SparkFun mark, namely, SPARK, is phonetically identical and nearly visually identical to SI's SPARC mark, and because it is used in connection with identical goods, we believe confusion is likely to occur among the relevant purchasing group."
Here is a combination gyro and accelerometer sensor board (sometimes called a 6DOF) that we design, build, and sell.
Here is the current offering of SPARC servers from Sun Microsystems. We do not sell anything like this. Nor does SPARC International sell any products close to ours.
SparkFun has been selling embedded electronics and actively using our trademark since January of 2003. We regularly post on our blog (300 posts and counting), we've made it into the New York Times, we've been hanging out at every Maker Faire (near Sun's Santa Clara headquarters), our full page ads are regularly featured in many tech magazines, and we paste our trademark all over our unsuspecting customers. SPARC International started using their trademark in 1989. SPARC International has been at it a lot longer! Let's see what google thinks:
What does it mean when folks at Sun (SunSpot is a Java development platform created by Sun) talk openly about using SparkFun products? Sun's employees don't seem to be confused, are you?
We care deeply for what we are trying to create at SparkFun. We don't want anyone to be confused, but we feel badgered, beat-up, and picked on by a much larger company. We would really appreciate your support and comments on this matter. Please post any comments below. Feel free to contact sparcinfo@sparc.org with your thoughts. CC in spark@sparkfun.com! We'd love to hear your thoughts as well.
If you're having problems accessing http://www.sparc.org, so did I. Try http://www.sparc.org/index.html
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...
I have the utmost respect for Sun Microsystems (owner of SPARC International). They're just down the road! I understand the need for SPARC International lawyers to protect the SPARC brand, but we really have nothing to do with a fine architecture that SPARC produces. I don't think anyone else would confuse the two.
Why did this come up? SparkFun filed for a trademark on January 21, 2009. The process is fairly long, and towards the end the trademark office allows anyone to file an objection to a new trademark. Enter SPARC International.
From the letter: "The SPARC trademark portfolio is an extremely valuable asset belonging to SI..." Indeed, I feel the same way. I would feel bad if anyone confused SparkFun with SPARC International, so let's compare trademarks:
I don't see how our trademarks could be confused.
Letter: "Because the dominant portion of the SparkFun mark, namely, SPARK, is phonetically identical and nearly visually identical to SI's SPARC mark, and because it is used in connection with identical goods, we believe confusion is likely to occur among the relevant purchasing group."
- phonetically identical : Yes, English phonics work like that. However, 'spark' is not the dominant portion of our name. No one calls us 'SPARK'. We're always called 'Sparkfun' (even though we prefer 'SparkFun').
- visually similar : No one calls us Spark. Have a look at our logo. We don't separate spark from fun. We are, and are known as 'SparkFun' as shown by our trademark.
- used in connection with identical goods: No. We don't sell any product related to SPARC architecture.
- confusion is likely to occur among the relevant purchasing group: I have no doubt that some of our customers purchase SPARC based servers. But we have not received an email or phone call from anyone on our website looking for the 'Server' product category.
- The layman may call what we sell 'computer hardware' but we do not. We don't sell motherboards, computer processors, RAM, ISA cards, keyboards, or any hardware that is used inside a computer.
- Yes we sell integrated circuits and circuit boards. But does SPARC International or their partners? They may sell large scale motherboards and riser cards, but not the raw, exposed, 'meant for research' circuit boards that we do. I don't think any of our customers confuse the parts that we sell with the well-designed RISC architecture that SPARC International creates.
Here is the current offering of SPARC servers from Sun Microsystems. We do not sell anything like this. Nor does SPARC International sell any products close to ours.
SparkFun has been selling embedded electronics and actively using our trademark since January of 2003. We regularly post on our blog (300 posts and counting), we've made it into the New York Times, we've been hanging out at every Maker Faire (near Sun's Santa Clara headquarters), our full page ads are regularly featured in many tech magazines, and we paste our trademark all over our unsuspecting customers. SPARC International started using their trademark in 1989. SPARC International has been at it a lot longer! Let's see what google thinks:
- 'sparkfun' : ~147,000 hits
- 'SPARC International': ~91,800 hits
- 'SPARC': ~9,870,000 hits
What does it mean when folks at Sun (SunSpot is a Java development platform created by Sun) talk openly about using SparkFun products? Sun's employees don't seem to be confused, are you?
We care deeply for what we are trying to create at SparkFun. We don't want anyone to be confused, but we feel badgered, beat-up, and picked on by a much larger company. We would really appreciate your support and comments on this matter. Please post any comments below. Feel free to contact sparcinfo@sparc.org with your thoughts. CC in spark@sparkfun.com! We'd love to hear your thoughts as well.
If you're having problems accessing http://www.sparc.org, so did I. Try http://www.sparc.org/index.html
And the only ones who might be confused are people like lawyers (or unfortunately judges) who will never even consider looking for information on the products of either companies let alone buy them. Anyone interested and knowledgeable enough to be looking to buy the products from SparkFun or SPARC will never be confused for even a millisecond.
Again, that's sad.
Jean
Just wait, they are gonna run all over you with their lawyers. The same thing did happen with me and my brothers firm here in Norway. They really tried to run us to the ground. They didnt even care!
Luckily for us, we won the case. But hey, this did happen i Norway. What do you guys say? Only in America? Uhm, well anyway, i really hope this will straighten itselfs out soon. I would hate to go shopping at www.notsparkfun.com
Spark, as in electrical!
Fun, as in, not a megabuck data center monstrosity.
Easy, as in, I am so glad I am not a lawyer.
It's the definition of what this company provides.
I proudly support SPARKFUN and am grateful for all the products, support, and education they provide to customers and communities.
Certainly, we in the Sun SPOT team are big fans of SparkFun.
In times like this SparkFun needs friends. Lets not waste energy upsetting the wrong people.
Roger Meike
Research Director, Sun Labs & member of the Sun SPOT team
This is the final nail in the Sun coffin, they have stooped to a new low. Long live the golden days of Sun.
Also, don't go to sparc.org, it appears to have been exploited by hackers. Anyone having visited that site should sue them for serving and propagating malware.
Hope it's resolved without too growing too much gray hair!
SunFun
AppleFun
EntelFun
MikrosoftFun
IBMFun
or simply: ComeOnNoOneOwnsATrademarkOn,ThisDoThey?Fun
Ps. i am saving up for the BlueScreen :D
Lots of those people have day jobs that may involve Sun software or hardware purchases...
Bored attorneys run amok. Downsize those ones first Sun!
SF should counter sue for damages. These guy's are wasting sparkfun's time and money.
Best of luck
http://communities.intel.com/community/openportit/server/blog/2009/05/08/sparc-better-than-intel--no-it-is-not-and-i-have-data-to-prove-it
I agree with Nick Nunns, Rock Art Brewery is a small business & they fought off Monster. Monster is also trying to Cease & Desist a behind-the-scenes photo of an actor in a horror film (dressed as a ghoul) holding a can of their beverage... Or even the whole Ralph Lauren Photoshop-FAIL ad & wired... You're not doing anything wrong, keep up the good work.
If Sparc & SparkFun are confusingly similar, I think you've got bigger problems to worry about, like brain damage or poor eyesight,
I ignored it basically because I wasn't using the domain anymore, and wasn't selling anything from it anyways.
Not that you need any more opinion on this, but there's no way any sane person would confuse you with SPARC. Your prices are at least an order of magnitude lower :) Also, isn't "sparky" a traditional nickname for electrical engineers?
I hope you guys have retained a lawyer anyways, just in case. Something like "OpenProjectsWebStoreInColorado" just doesn't have the same... pop.
Results 1 - 10 of about 40,200,000 for spark.
K&L should look at the 40 million other sources that use spark.
Am I the only one who thinks the flip side of SparkFun is BlueSmokeDisappointment?
But seriously.... What good does this do for anyone? God Bless America. Who knows they might try to trade mark that phrase soon!
I would guess if you hired a lawyer (which you should probably have anyway as the American culture is increasingly litigious), they would back down after sending a letter in response. This is just not a case of possible confusion. I would also guess that a grass roots response will be patently ignored by most lawyers who generally act quite independently of the organization that retains them and are mostly looking for another hour of billable time. Anyway, I am rooting for you SparkFun, and hope the outcome is generally positive.
--
John P. Mitchell
obviously not breaking the bank to survive. Its great to be rewarded for being a resourceful and original entrepreneur.
(but then again I don't really have the heart to knowingly screw people over!).!!!! Long Live Sparkfun !!!!
..FROM OUTSIDE U.S.... Be Strong Sparkfun Team.
I will also send an e-mail to sparcinfo@sparc.org complaining that this is an unjustified action on their part. I understand these are tight times, but the SI legal staff is wasting judicial time, and multiple parties money with this.
Sun may be on the ropes, but they, or whoever ends up with the Sparc trademark, will have the resources to make things very hard for you trying to defend your right to use Sparkfun.
Despite your and most of your fans' opinions (I'm a fan too btw), Sparc and Sparkfun are indeed similar, and you are both in fields that could easily be considered related. You both sell electronics and "processing units", and the number of MIPS isn't relevant. You have open source in common as well.
Some random judge without much of a clue just might be convinced by their army of lawyers to see it Sun's way.
Looks like SPARC's angry because no one buys their products anymore...
It just amazes me that non-technical people think that everything technical is equivalent. SPARC architecture is used on computer chips... SparkFun sells things with computer chips... THEY MUST BE EQUAL!!!! Damn lawyers are the scum of the earth. My respect for Sun just dropped significantly...
Sorta reminds me of Microsoft vs. MikeRoweSoft ( http://en.wikipedia.org/wiki/Microsoft_vs._MikeRoweSoft )
Trust me, you can't lose on this. Do not let you step on your behalf and defend your name to the death.
Nate, feel free to send me and email or call about this.
Best regards!
Oscar Gonzalez
Fight the fight! We must have SparkFun!
just kidding this is just a frivolous lawsuit and i hope the courts drop this at the lowest level possible
No one who confuses SPARC with SparkFun could ever be a customer of either.
Seriously I wonder what the world is coming to.. This petty action will cost far in excess of what SPARC may lose due to you using the trademark SparkFun which must be in the region of about $0.00
DC REdD
On the other hand: I didn't know you guys sold sun systems! (ok I'm joking... No K&L you can't have a quote from me)
You just gotta love that Chrome thinks the SPARC site hosts malware... (http://attie.co.uk/img/download/508)
Next time I need an few bits and bobs, I'll be sure to check SPARC's pricing... Oh wait, they don't sell what I'm after...
I wonder if their lawyers have been convinced that an Arduino Mini is comparable to a server motherboard...? you gotta wonder
Good luck SparkFun! I'm behind you all the way.
And well said REdD:
"No one who confuses SPARC with SparkFun could ever be a customer of either."
"Reported Attack Site!
This web site at www.sparc.org has been reported as an attack site and has been blocked based on your security preferences."
if anyone knows of any other sun blogs to put this on i'm sure with enough exposure they will back down
Safe Browsing
Diagnostic page for sparc.org
What is the current listing status for sparc.org?
Site is listed as suspicious - visiting this web site may harm your computer.
Part of this site was listed for suspicious activity 9 time(s) over the past 90 days.
They have bigger problems lol
DC REdD
http://toolbar.netcraft.com/site_report?url=http://sparc.org
this is what netcraft is saying
I used the word recockulous :)
I truly wish you guys the best of luck. I love what you are doing. You provide unique parts to hobbyists and create a fun learning atmosphere that I believe is needed to fuel a new generation of inventors.
Keep your chins up!
NATE what is going on with your post clocks
i understand your on mountain time but the clock went from 10 am to 12 am instead of 10am to 12pm
Be careful. If they are trying to sell it, they will throw millions of dollars at any lawsuits that might make the trademark stronger.
-Adam
I don't comprehend how SparkFun (or www.sparkfun.com) could have any impact whatsoever on SPARC.
Talk about grasping at straws...
[Information removed by administrator]
So how or why could this fly in a court of "law"? Because lawyers and judges are, for the most part, the filthiest scum on this earth, everyone knows this. No good can come out of this. The only ones who win are the lawyers.
I think the Sparkfun business model of truly open technology is fantastic and I hope it continues to be a success. Maybe the girls at sparc could learn something from Sparkfun instead of fighting it.
So tell the sparc lawyers to go pound sand.
I've emailed SI and put the word out on my Twitter channels @esawdust, @avrstuff, @onlyopensource
SPARC is truly sunken to a new low - dredging the bottom like SCO.
http://en.wikipedia.org/wiki/K&L_Gates
But... if you really want to be pessimistic...
Imagine the day when the sparkfun.com domain leads to the site of Oracle MySQL!
Fight on SparkFun!
I don't know why my servers don't work, I loaded them up with official Sun Chips.
According to my good friend Mr. Google, Stark Industries was first mentioned in Tales of Suspense Vol 1 #40 (circa 1963) which predates Sun's use of the term by more than 2 and a half decades.
So according to their "we had it first and people are too stupid to tell companies apart" logic...the Sparc trademark should be revoked because it can cause confusion for comic book readers.
Personally, i have a problem with ANY company taking a word/letter from the English language and saying... this is ours, you can't use it for your product Windows, Spark, Monster, etc...
Overall, I think you're in the clear. I'm sure your legal advisers are hard at work to explain the nuances of how your businesses are different. They're not as clear cut as a non-profit arts organization and an enterprise server hardware company, but... they are different.
Yes, it's silly, and yes, they come off as complete jerks, but it could (in a lot of ways) come back and bite them if they *don't* do anything about it right now.
That aside, this is really obnoxious. SparkFun clearly has nothing to do with SPARC... it's pretty remote. I don't think anyone with any interest in either company or their respective products would confuse the two.
Saying that their customers would have any trouble telling the difference between SFE and Sparc is either an insult to their customer's intelligence or a useless attempt to gain publicity.
The main issue is going to be that Sun has a lot of money, SFE has significantly less money that it can blow on a pointless law suit defending itself. To us the difference seems blatantly obvious but to someone who doesn't understand the difference between a motherboard and ram (as most computer users don't) they are essentially the same thing. I hope that SFE takes this seriously because if this goes to court there is a real possibility of a loss.
The above does not constitute legal advice, I am not a lawyer. Fight 'em SparkFun!
You have my support over at Justblair's Electronics Pages.
I suspect that SPARC would be wise to back down on this one. Monster Cable have become much despised worldwide due to similar frivolous litigation. I wouldn't buy their product if my life depended on it. If SPARC contnue with this route then a SUN boycott should be order of the day!
Just lawyer their ass for trying to infect all our computers:
http://www.sparc.org/index.html
Reported Attack Site!
This web site at www.sparc.org has been reported as an attack site and has been blocked based on your security preferences.
Attack sites try to install programs that steal private information, use your computer to attack others, or damage your system.
Some attack sites intentionally distribute harmful software, but many are compromised without the knowledge or permission of their owners.
I don't think any of us do anymore...
Oh, and Mr McFarland - I am the owner of ComeOnNoOneOwnsATrademarkOnThisDoThey? You should expect a letter from my lawyer soon. ;-)
Also seems that the law firm just want to pad their pockets a little bit with bogus suites(picking on the little guy for a buck). Been there and seen that too. I always come here first. Whatever we can do to help, let us know. We're with you!!
Good luck guys!
I wonder if he sent the same letter to
http://www.sparknotes.com/
or
http://www.sparkelectronics.net/en
or anyone else with "Spark" in their name.
Simply ridiculous. Get a good enough lawyer and you may be able to counter-sue.
I support you guys 100% and I wish you well.
SparkFun rocks!
http://consumerist.com/5390054/trademark-wars-sparc-international-tells-small-electronics-website-to-stop-existing
Good luck on the fight guys!
BTW, if the bastards win their ridiculous suit, be sure to let me know what your new name is.
Go figure...
http://img260.imageshack.us/i/ironicspark.png/
I have sent an email to the address you suggested, as well as directly to the lawyer concerned - [Information removed by administrator]
We're behind you SparkFun - don't let them beat you.
http://research.sun.com/techrep/2009/smli_tr-2009-178.pdf
Looks like Sun is a SparkFun customer.
For those of you in the legal profession, the aforementioned terms are widely used Computer Industry Specific terms.
Obviously, K&L Gates must be preparing for the Oracle Buy-out by billing as many attorney hours as possible, before they get terminated.
What's that all about? The lawyers at K&L act as if this is a done deal! Reminds me of "give me your lunch money or get beat up" or "We are the SPARC, resistance is futile... prepare for assimilation"
Or do you think they are doing pro bono work?
http://safebrowsing.clients.google.com/safebrowsing/diagnostic?client=Firefox&hl=en-US&site=http://www.sparc.org/index.html
You guys made hackaday, as well. Get the word out. Publicity and the OpenSource community got your back.
Every time I go online to buy a huge clunky outdated server all I see on the web page are these darn little bitty parts.
I just couldn't understand what was wrong.
Thank you, K&L Gates! Wait a minute. Is that Gates like Bill Gates? Are you Microsoft? I'm so confused! Lawyers, please help me!
They have been doing this for years.
I've taken the liberty of mailing several people on/from site:sun.com about the SPARC Org's lawsuit prompting them to comment on the matter internally and/or to respective groups.
Maybe someone else wants to do so aswell.. cheers.
VP, Global Communications
415-294-5362
Director
Noel Hartzell
650-786-4775
E-mail addresses and more here!
http://www.sun.com/aboutsun/media/contacts/index.jsp
Oh, crud I thought I was in gMail. Bad copy paste! Bad!
David, get out the sling shot and we'll find you some stones.
Surely it must be an offence of some sort to deliberately misrepresent in a trademark suit?
Maybe change your name to Sparf Projects And Related Components. No phonetic similarity there...
Now that I think of it... I don't ever remember using one of their computers in any of my little projects. Will there systems fit in an Altoids tin?
I guess further research is necessary.
Bill
Processor: 4x PIC16F84A
I would suggest you reply to these lawyers referring them to the reply given in the Arkell vs Pressdram case. They are lawyers. They are bound to look it up and see the succinct, two word, seven letter response which sums up what I'd be inclined to say...
I pretty sure phonetics has nothing to do with trademark law. I wonder if these guys have sent a cease and desist letter to FARC (Revolutionary Armed Forces of Colombia)?!
I have an idea, change the IRC channel ad at the top of the site to something like: SparkFun, never been confused with 'Sparc fun' because there is none.
I know many people like sun anyways BUT I am not one of them...
Slow-aris sucks. And their legal department must be full of drunken monkeys, how does one(non-neanderthal) mistake sparkfun for sparc.
I wonder when they will sue the entire scientific community so they stop "infringing on their trademark" whenever they talk about electricity or lightning...
I bet you one of those buffoons has thought of it. =)
Sorry... I HATE stupid people and the businesses ran by those idiots.
From what I've found, it looks like SPARC International is not owned by Sun Microsystems, but is in fact a Non-Profit Organization: (http://www.sparc.org/aboutFAQ.html)
Is this true? Or is Sun Microsystems still behind all this.
Just want to make sure I have my guns aimed the right direction.
"If you're having problems... Try http://www.sparc.org/index.html"
I go to that page. Hover over the About menu and click on the FAQ.
Where I read:
"In 1989, Sun Microsystems transferred ownership of the SPARC specifications to an independent, non-profit organization, SPARC International, which administers and licenses the technology."
I'm I still missing something? Maybe I'm getting pointed somewhere else because of the malware stuff.
So, I'll trust what your saying Sik Dof.
Down with SUN!! ;-)
My local electrician was a 'sparky' for years before SPARC existed, and has possibly owned a computer of ome sort in his lifetime.
My kids play with 'sparklers' - but perhaps the wire used in the core is protected by SPARC's IP.
Hell if I play with AC and DC circuits I can make my own 'sparks' at home - in different colors !
OOps - I've been off track - all my sparks are spelled wrongly and have nothing to do with SPARC. My mistake.
To be taken metaphorically of course, not literally.
(Have to be careful what I say in this litigation crazy society ;-)
Cheers - and good luck
You are related only in the aspect that you both make devices that shuffle electrons around. Aside from that very general description, all other comparisons fail.
Good luck and Godspeed to you guys at SparkFun! May you trounce this case quickly and hopefully cheaply. This idiocy is astounding, let's hope the judge agrees!
B.R.
Anyone who knows what sparkfun is, doesn't call it Spark, i've never heard anyone at school or any of the engineers call it Spark. That's just stupid. They must have just pulled that nickname out of their butts to give them a case. I haven't seen sparkfun spoken or written as SPARK in any forum or verbally in engineering discussion.
Sparkfun is where hobbyists, proffessionals, and students order prototyping and one off project parts. Everyone ordering from this site actually has working knowledge of what it is, and knows that in no way do SUN products compete or relate to anything on this site.
This is ludicrous.
http://google.com/safebrowsing/diagnostic?site=www.sparc.org/
“Malicious software includes 12 trojan(s), 8 exploit(s), 6 scripting exploit(s). Successful infection resulted in an average of 2 new process(es) on the target machine.”
Anybody reading this should be very aware.
But:
*As pointed out in the SparkFun-comment other trademark holders are allowed to protest during the trademark registering process. It is their _right_
*SPARC International is a IP-license in the field of microprocessors and computer-architecture. If you open sparckfun.com and click components, are there not 5 microcontroller-categorys there. Are these not microprocessors as well?
*Many comments mention Sun Microsystems, one even contains the contact information for certian people employed by Sun Microsystems. SPARC International is not Sun Microsystems, SM is a member of SPARC International.
I in no way condone any lawsuit filed against sparkfun by Sparc International, it would just be a dumb move. But SI must be allowed to exercise the rights they have under current Trademark-law without being harrased by an angry internet-mob.
(The sparkfun post reads SPARC Industries - Should say Sparc International)
Any accomplished and successful business endeavor - esp. one that is ethical and plays by the rules, they are the most vunerable - will attract the sharks of the legal establishment(society's bottom feeders).
It's ALL about the lawyers making big bucks....as the lawyer always say "Nothing personal."
Why business in America is uncompetitive?
Lawyers, Lawyer's run Workers'Comp, Lawyer's Insurance Companies (their personal Collection Agencies), Lawyer's law suit games, Lawyer's obscene profiteering, Lawyer's unsane lawmaking---OK get the pic)
Wishing you luck...You will need it...just don't bend over!
Phonetically identical? To have their trademark phonetically identical to a portion of yours? I'd argue that that would be relevant only if there were striking other similarities (Having a fast food chain selling cheap cheeseburgers named MacDoneldTown, or example) but on it's own it's meaningless.
Your actual tradmarks have no visual similarity at all, your products are entirely different. I wouldn't even bother responding to that trash.
Sun ought to be ashamed of that. Seriously.
This sarcastic message is brought to you by an IT guy who has worked many long nights supporting hardware from Sun Microsystems. I pray I never have to touch one again.
** And definitely stay away from the sparc.org site, as it IS INFECTED with a malware script, and has been since at least July 31, 2009. These are clearly ridiculous business practices from an outdated/unused/unmaintained site and I am appalled that they should even be attempting to exert this kind of abuse. If they can't even keep their own website clean, how do they expect to provide secure services and systems for their customers? Bah!
-Zen
One would hope the letter was SPARC's intent to show that they were attempting to protect their trademark and then they'll back off after SparkFun's response. But in the legal system, there are no rules, so who the f knows.
Either way, I've never confused Sparc with SparkFun. I think we need to pass the hat and start a collection for the SparkFun defense fund. Nate, can you set up a donation button? An attack on SparkFun is an attack on us all.
This, however, simply sounds like SOP from Sun. Their legal department has historically been very aggressive to the point of absurdity. They are good at wearing people down. Remember all the lawsuits Sun brought over the Java trademark? As in: "OK, we decided to call our software Java now, so all you people that have been referring to your coffee as java for decades have to stop now. mK'thx." They were so far around the bend on that one the Onion wrote a great parody about Sun suing the island of Java.
Unfortunatly, Sun (and subsidiaries) simply see this as a game. The only way to win is to outlast them. It's like trying to outlast the bean-eating champion of the word in a farting contest. Even when the champion knows his farts are offensive, he doesn't care as long as he can win.
Good luck, I hope you can win. Hold your nose.
But today it's a really bad news. I'm launching a company and whe have registred our name, we are afraid to receive such letter. I think you can win. But I think you should'nt communicate about that it can deserve you. For me it's NOT a good operation for the SUN market image...
I think sparkfun should sue for SPARC's name! Go for it guys, put a link up. We will help.
http://gizmodo.com/380055/blue-jeans-cable-calls-bs-on-monster-cable-patent-suit-vows-to-fight-to-bloody-death
Why don't you pick on someone your own size Sparc?!
SPARKFUN RULES!!!!!!!!!!
http://www.sparkfun.com/commerce/advanced_search_result.php?keywords=sparc&x=0&y=0&search_section=products
AFAIK the work spark was first used with computers in a game called life in 1970
http://www.ibiblio.org/lifepatterns/october1970.html
SparkFun Logo != SPARC Logo,
with some verbage on the back with links to some online petitions and details of this retarded C&D?
Dear Sun Microsystems,
This is a petition from/for all loyal SparkFun customers and students to you.
Please fire you patent lawyers and retract the cease and desist letter to SparkFun as this is a valuable source of electronics and electronic engineering.
Students of SparkFun might someday work for you to design new better and faster SPARC chips. Taking SparkFun away might just kill off you future engineering staff.
Thanks
The undersigned
Sun, you lose 2-out-of-5 points in my book until you get your vultures off this ridiculous, only-bad venture.
Don't they understand that it's a dumb idea to anger the Geeks? SparkFun customers are not generally managers, lawyers, or business majors.
Promise not to type in all caps like the morons they must be.
With the transparency demonstrated in your disclosure, SparkFun certainly operates with competent integrity. Keep up the great work!
I think so too.
Shame on Sun for letting their lawyers do this crap.
This claim will be the front-runner for the "worst PR-idea of the year"-contest, the internet has a good memory and I guess a lot of geeks, nerds, hobbyists and other electronic-interested people won't forget that soon what SI/Sun are doing here.
Its a real shame that Sun needs to earn its money with sueing a smaller business.
Until today I never heard about SI ... and btw your stuff is much cooler than their stuff.
Spread the word and fight for your name!
Good luck, have a nice weekend and greetings from germany.
Michael
p.s.: An old german joke: What are 1000 lawyers on the sea bottom?
answer: A good start. ;)
This is plain stupid and I agree that the lawyers are the true winners in this. Do keep the SparkFun community posted on any updates and we'll see how we can help out.
http://yro.slashdot.org/comments.pl?sid=1416293&cid=29853629
SparkFun on the other hand, you're a classy outfit and valuable resourcfe.
All I can say is I am with you sparkfun. Start a fund for your lawyer fees I will contribute. This is coming from a guy who almost for the 5th F**in time almost got laid off by a major computer/printer comapany so my job could be done by a cheap engineer in a 3rd world company. And my wife is a real estate agent and I have a fancy house and well you do the math as to how much money I have to spread around, but I will help you fight this stink!!!
Where do they get off. Man I am mad about this.
Checkout this news storie:
"Monster Energy Drink Backs Down Due To Public Pressure; Vermonster Beer Lives On"
http://www.techdirt.com/articles/20091023/0448336651.shtml
It is pretty much the same thing, except with beer and enegry drinks.
Log posted: http://adrian.thomas-prestemon.com/wp
I'm pulling for you, too. If it comes to blows, I've got two good fists. With no money in them. But I'll still do my best to donate to legal costs if it comes to that.
http://research.sun.com/techrep/2009/smli_tr-2009-178.pdf
They seem to have no problem using Sparkfun purchased solar cells!
I've copied this pdf out just in case they pull it :)
Dear Sirs,
You have apparently confused our address with that of the USPTO. If you would like to place a trademark on the common-as-dirt English language word "Spark" - you should address your correspondence to the USPTO. As they categorically deny thousands of trademark requests every month on the basis of being a common English word, we wish you well in your distinctive and extremely valuable quest.
Please contact us when you have secured the word "Spark" as a trademark, until then we consider this matter frivolous and undeserving of any further attention.
Much Love, the SparkFun family
Either way, I have every confidence that Sparc International, Inc., and the professionals at K&L Gates LLP will recognize that the broad term "computer components" doesn't apply to the great interactive and prototyping electronics that SparkFun Electronics makes.
Even if it takes a little pressure from a deluge of emails and letters pointing out the obvious absurdity.
SPARC Bankruptcy: A result of the loss of millions in hardware sales as a result of poor corporate ethics and social responsibility by SPARC Int.
10/23/2009
Dear SPARC International, Inc.
I work for a very very large manufacturing company with billions of dollars in yearly revenue. I work primarily as a server administrator and infrastructure architect for network and server hardware including storage area networks and virtual systems hardware. I have considerable influence on the decisions about what type of hardware the company will purchase for servers and core infrastructure devices.
Let me assure you that continued badgering of www.sparkfun.com by www.sparc.org will result in lost sales to my company and I will from this point on be a champion of advising friends and other companies to stay away from your products at all costs. I will make it a personal mission to bad mouth your company and products at every trade show, training venture, or meet and greet that I attend for years to come.
On another note, I do find it very humorous that your website is listed by Google as dangerous; I guess the paybacks have already started.
Sincerely
Mr. Boyd
It's no wonder they're on the way out.
I was going to set them up as a web server backup but i see their company is now nothing but incompetent.
How can i trust them now with my data?
FYI FireFox thinks Sparc Is a typo :-D
This "lawfirm" doesn't represent Sun. They represent only their own financial wellbeing and are embarrassing their client, Sun, in the process.
Simply ignore and bypass the lawfirm, and get in contact with some reps/engineers at Sun. Explain to them the situation, and they'll "discipline" the lawfirm themselves. Just be frank, courteous, and mature about it.
I often browse the Sparkfun site; I have never encountered a referral to 'Spark', it is always 'Sparkfun'.
The world has too many lawyers, and they like to be well paid. When this is over, blood will be sucked from a wonderful company. The kind of company that is an asset to our society. No wonder the USA isn't doing so hot.
This is an order to cease and desist as SPARKFUN can cause confusion with PLAYGROUND FUN. We understand that you produce equipment that instills enjoyment and excitement in young minds.
It's all about one thing, M-O-N-E-Y, win or loose, the layers get paid either way. Your name could be NUFKRAPS and the Vamps would find something for that too.
Although NufKraps is kinda catchy LOL, tell them you had a NUF of their KRAPS!!
If it's any consolation, it was a good run.
When did I get so stupid that I cannot discern between the SPARC server in the server room and a hand full of electronics parts, a breakout board, some connectors and a microprocessor bought from SparkFun?
Sun and SPARC International are embarrassing themselves in the electronics industry and making themselves a laughingstock within the IT Profession.
Na, if push comes to shove, close up tonight, re-open tomorrow with a new name.
I hope that SparkFun will not cave into the demands of these clowns.
BTW, my dog's name is Sparky. Will I be the next one to receive an infringement letter like this? ;-)
Give em hell Sparkfun!
Don't be a pushover. Call in and make an executive complaint. They will drop it, and maybe it get's the newspaper again. LA Times, Sunday edition.
Good luck
Don't spend any money on this.
Better yet, go down to Sun and show them what you wrote and tell them to verify that this attorney is in fact authorized to take this SFE-specific action. That attorney is probably working on speculation without remuneration so there's no real contract law to enforce.
Probably not much.
I have worked on Sun equipment for years and I've had experience with just about every class of hardware they've produced except for the starfire architecture. I've never ever thought about buying an arduino accessory card that I could plug into a Sun Sparc architecture computer (not even via USB!!). Lest my point be overlooked, the two are so dissimilar in ease of use that I would *NEVER* connect the two components and expect it to work! And that, imho, is giving them the benefit of the doubt.
If you ask me, take them to court. You have nothing to worry about.
I am gravely saddened to see the owners of what had been my preferred computer processor architecture threatening the one of my preferred sellers of components for hobbyist embedded electronics.
The open-source nature of both contributes to why I like them, and I suspect that I am not alone in this among the people who have dealt with both. We know the utility that comes with being able to go beyond a manual and a promise to being able to check how something works by actually checking to see that it works. This has kept my preference in SPARC even past the point where it was overpowered by Power (and now also Cell) architecture, and now when even CISC chips are successfully displacing it in many markets.
The action actually taken, however, reflects badly on the goals of SPARC management, and leaves me leery of the future directions of the organization and suspicious that further stagnation is forthcoming. The action against SparkFun by SPARC International has in itself besmirched the SPARC brand for me.
[...],
Consumer of gigaflops at work, and milliwatts at play
Wait they do :) Angry mob playset
there is a very simple fact at work here. If you have a trademark/patent and someone infringes on it you have to actively protect it. If you don't, after some time it could be rendered invalid.
So, maybe sparkfun only barely resembles Sparc. But what about the next company that comes along named Sparck, and they do sell Sparc-like servers? In that dispute Sparck could argue that Sparkfun was allowed to operate and therefore sparc didn't adequately defend its mark.
What happens in these cases, ideally, is an agreement where between the two parties wherein sparkfun agrees never to sell complete computers. that way sparc protected its mark and sparkfun can continue unmolested.
To frame the argument in a different way, just because it's the end of the month, it does not mean that there must be more people than usual breaking the speed limit. It is certainly possible (statistically) that every driver on the road *can* obey the speed limit and no tickets should be issued.
Here's the plan - sell Sun the SparkFun.com web domain name for $12.2 Billion, rename SparkFun to ArcFun, and then you can be remorseful (and wealthy) for the inconvenience you caused them.
I would like to purchase a spark based server but have yet to locate one on your site. Please remedy this.
I appreciate Sun and the SPARC architecture, but I don't think they have a leg to stand on here and I'm saddened that they'd even suggest that they do.
That said, some of these ARM and AVR CPUS SparkFun offers are pretty powerful, who knows, maybe enough of them could be strapped together on a nice little PCB to, with the help of some alien software, compute digits of pi at a rate comparable to one of the entry level SPARC CPUs. Har har har.
I just had the Spark Plugs in my truck replaced. Does Champion need to worry?
My guess is they were sending out a C&D to every domain with the word 'SPARC' in it, including the domain squatted "sparcfun.com", which lead them to the "sparkfun.com" site, and they happily added that to the list.
Fortunately, you have a registered trademark for SparkFun, which should hopefully protect against domain name seizure by arbitration. (Note that the UDRP arbitrators are effectively paid via the filing fees. Perhaps not coincidentally, there seems to be a historical bias towards the party filing the dispute.)
Good luck, and may sanity prevail!
Or put another way, a claim that 'SparkFun' is too similar to 'SPARC' would seem to have about the same weight as the word "Spark" [or phonetic equivalents O:-)] being a generic term and hence (i) unlikely trademarkable by itself since it is insufficiently distinguishing; and (ii) unenforceable as a trademark on the grounds of being a generic word. I suspect a good lawyer could argue that the plaintiff can't have it both ways, without the term becoming generic.
This obviously isn't legal advice; one of the sad things I've learnt when it comes to legal matters is you absolutely need advice from your lawyer. I will add one more thing though. I've been a sysadmin working with Sun equipment since 1991. And until I read the entry on the SparkFun homepage a short while ago, it had never occurred to me that there was any similarity between the marks cited in the C&D letter.
It is a RISC instruction set developed by Sun Microsystems introduced in 1986.
http://en.wikipedia.org/wiki/SPARC
sparkfun=spark+fun
Refers to an electric spark, usually with a flash and a sharp noise, electrostatic discharge or an electrical discharge.
http://en.wikipedia.org/wiki/Spark
Fun is the expenditure of time for refreshment of one's body or mind.
http://en.wikipedia.org/wiki/Fun
Sparkfun the composite word (spark and fun together) describes the activity of performing research and competence development in an enjoyable manner, simply for fun. This activity is resulting valuable competence, learning by hands on experiments driven by and experiencing success. The sparkfun expression describes this in a short and practical way.
SPARC and sparkfun cannot be confused.
seriously though, this is the most ridiculous thing I've come across all day. I'm supporting you 100%.
"Sir/ madam
As a user of Sun Microsystems products for a number of years (I'm a professional Java Programmer and the firm where I work use a number of SPARC Servers), I was appalled to read about the cease and desist letter that you've sent to SparkFun Electronics for alleged infringement of trademark....
I should like to point out that the negative publicity within the IT sector of you pursuing this claim against a company who are not a direct rival to Sun Microsystems will be catastrophic when compared with any alleged negative impact on your brand caused by allowing SparkFun Electronics to continue trading under their existing name.
..."
SI is the owner of several trademarks, e.g. SPARC, ULTRASPARC, SPARC64, SPARCengine etc.. IF they had a trademark on SPARCFUN, it might be confusing, but unfortunately, that would contradict their "serious" (read: "less fun") business image... but they don't, so that's bollocks.
Secondly, SPARC as Scalable Processor Architecture doesn't have anything to do with Sparkfun as in sparking fun ideas.. thanks.
Finally, if they seriously want to tell the press (and the world) that they produce server products that have similar properties as 20MIPS microprocessors... well, sure... go ahead then.
http://en.wikipedia.org/wiki/Van_de_Graaff_generator
???
I can only thing that SI is in need of quick money nothing else, cause AMD is hitting hard their market...
First of all, they products are utterly different
Hobby electronics compared with end products...
Funny thing is that this is the first time I hear about Sparc term....
I dunno guys, these companies play heavy but, their demands and their sayings are for laughters....
Keep up the good work, you make electronics happen....
You can make this happen too!!!
Give us Sparkfun, or give us death
Best Regards, Lefteris
Greece
So here's to SparkFun!
Seriously, law suit abuse is just sad. If SPARC can bother SparkFun for their name, can Microsoft bother Microchip about theirs?
http://sparcsys.com/
At the end of the day the is the fact at how close does something have to be before it infringes? Microsoft use green in their logo which is the same colour as an apple, maybe Apple should sue them?! (OK over the top but puts the point across).
Anyway you are using SparkFun which is totally different to SPARC both in pronunciation and writing. Not only that but I would say the context is different as well, your name suggest to me "the spark of fun" which is what you do, we then build on that spark. In the UK I certainly don't think there would be much of a case; probably get thrown out before it hit the courts. I hope yours seen sense.
*SPARC International is a IP-license in the field of microprocessors and computer-architecture. If you open sparckfun.com and click components, are there not 5 microcontroller-categorys there. Are these not microprocessors as well?
I would say not. Yes they contain a microprocessor (as does nearly anything electronic these days), but a microcontroller is a small chip with simple integrated peripherals (serial, digital I/O, ADC etc.). Even the best microcontroller is in a different league to what SPARC produce. And, importantly, aimed at a totally different market.
It is an insult to brain injury victims to say that they would be the only ones who would confuse SparkFun with pretty much anything.
I have been a proud customer for... well, before I had so much grey hair. That didn't come out right.
Please know that whatever goes on with these morons, us folks are going to buy your awesome stuff no matter what. And we will make sure no one in our sphere of influence ever buys anything from these clowns. And, yes, this should be publicised and these guys should be massively embarassed by it.
I want that t-shirt that says "SparkFun != SPARC".
Man that just makes me mad. 100% behind you guys. Your name is cool, but it is NOT the reason why we like you. It is a little beyond skin deep :-)
Its not uncommon nowadays for companies that have lackluster sales to look for their legal dept. to contribute to the bottom line.
Like so many others that have posted here, I, too, would be willing to donate to a "Keep SparkFun Alive" fund.
I have the printed magazine if you need it...
Log:
MX record about sun.com exists.
Connection succeeded to btmx6.sun.com SMTP.
220 relay1i.sun.com (IntraStore TurboSendmail) ESMTP Service ready
> HELO
> RCPT TO:
=250 recipient OK
> RCPT TO:
=250 recipient OK
It seems unfair to blame Sun for this however, SPARC International is an independent organization created by Sun to hold the IP of SPARC products, but they do not directly control it anymore. It looks like they don't manufacture anything and live similarly to ARM Holdings, through licensing and lawsuits.
Interestingly the K&L Gates law firm is a member of SPARC International.
Just like urban areas have to deal with a problem called urban blight, we are seeing that Silicon Valley is dealing, or rather in this case creating a problem called Silicon Blight.
SPARC International and by association, SUN Microsystems are attacking their future by embroiling a source (SparkFun Electronics) for electronics components and educational information for our future electronics technicians, engineers, firmware programmers and robotics specialists.
The spurious attempt by SPARC International to fraudulently steal SparkFun Electronics domain name sends the message to these future workers that we are living in the United States of America, the land of NO OPPORTUNITY, NO FUTURE, and NO JUSTICE. You are sending the message that the best route to getting tech jobs would be to find an H1B Visa holder, get very friendly and attempt to emigrate for a tech internship overseas.
Cont...
We probably also are people who waste our off hours tinkering with electronics projects, building autonomous robots, goofing around with microprocessors and interesting ways of monitoring our house pets over the internet while we are maintaining your SUN Microsystems computers which don't do a very good job of implementing all these Rube Goldberg like inventions. For parts to create these products, we depend on SparkFun Electronics.
Cont...
Your feeling an economic pinch, deciding to set a bunch of lawyers after a components supplier and technology educator instead of a true competitor screams of desperation on a massive scale. If you win, your name is basically synonymous with all that's going wrong in the US tech sector. just by having the letter sent out, SUN Microsystems and SPARK International have done themselves damage.
SPARC is an acronym denoting a computer architecture.
SparkFun is a company that provides components that will not be used in a SPARC architecture computer system and your attack will through their educational channels, send the message to young electronics enthusiasts that US technology employers like SUN Microsystems don't want them.
-------
(tel) 408-250-9337
sparcinfo@sparc.org
One might as well say that the estate of Nikola Tesla owns the word "spark" due to prior use, because he made enormous artificial sparks and that therefore SPARC is not a legitimate use.
http://k0lee.com/2009/10/sun-also-sets/
Pat
http://www.sparc.ac.uk/
http://en.wikipedia.org/wiki/SPARC
http://www.arl.org/sparc/
http://www.sparc.org.nz/
http://www.sparc.org/ <-------
http://www.sparc-project.org/
http://www.sparcmiltonkeynes.com/
Sparc Industries are not even in the top three.
I used to use sun computers but they are getting left behind now, maybe they want to be like SCO.
If they want to defend a phonetic trademark then what it is being used for is immiterial, they are going to be busy.
Sparc industries - get a life.
This member(and I'm sure many others) of the "relevant purchasing group" is not in the least confused about the products that either company sells nor the spelling of their respective names.
For that mater Spa is the dominant portion of Sparc, it seem there should be more than a number of companies that could sue Saparc over this.
I would much rather that SparkFun puts its money into new product development rather than legal fees so I view this action by SPARC International as rather sad.
Morgan Slain
CEO
SPARC International
Per their brochure http://www.sparc.org/download/brochure.pdf
Copyright ©1999-2009 Unistar-Sparco Computers, Inc. All rights reserved. Unistar-Sparco Computers, Inc. is not affiliated with SPARC International, Inc.
http://sparcinternational.wordpress.com/2008/11/10/sparc-international-trademarks/
the lawer of sparc will have a lot of work in germany, switzerland and austria
Good luck from switzerland
Gianni
www.sparkasse.de/
www.sparkasse-wiesendangen.ch/
www.sparkasse-trogen.ch
www.sparkasse-engelberg.ch/
www.sparkasse-dielsdorf.ch/
www.sparkasse-hochrhein.de/
http://de.wikipedia.org/wiki/Sparkasse
Keep up the good work.
Greetings from Holland
Sun's Venerable SPARC® Trademark Site Infected!
(snip)
www.sparcproductdirectory.com/si-1.html - Cached - Similar -
It happened back in July and made sparcproductdirectory.com feel that they had to remove all links to protect their users...
This type of legal bullying goes on all too often in our society. I think it apalling. What to do. I would like to see you fight it but can you win against their money. I think you would win but am not a lawyer and they can bleed you for a long time.
I would like to see you fight. I would be willing to contribute. Perhaps a large number of small contributions could overcome. I would also suggest you contact the Electronic Freedom Foundation (www.eff.org.) This is a great organization dedicated to fighting abuses of our rights in the electronic age. This is a little off their direction but they might be interested. They would I think certainly give advice.
This makes me “mad as hell”
If EFF does not help, I would suggest a contribution link on your web site. Its a risk for you, I hope you are willing to fight.
Charlie Bisbee
.
Sunset Electronics, Preparing for the New Dawn.
Kind of an Out with the Old, In with the New kind of statement ;^)
In any case, keep doing what your doing guys!!! sparkfun != sparc
but Sparc just seems, feels, sounds, smells totally different?
SparkFun FTW :)
Greetings from UAE :)
Or maybe someone that works there drove by and saw your new SparkFun sign, and subsequently had the idea for SPARCfun.
Good luck with this issue, we're all pulling for you.
Stand Your Ground, No one is confused, but K&L Gates are definatly stirring up trouble.
http://inga.blogg.se/images/2009/2-ut-spark_25442975.jpg
a "spark"? That's what it's been called since the 1800's.
On a more serious note. Fight them, don't let them push you around just because they are bigger. I'm sure it has been mentioned before and I'd like to say that I'm more than willing to give a few bucks to help with legal fees. Don't underestimate the power of a million scorned nerds.
Hey... K&L... go do something worthwhile, will you? This is just ridiculous.
Arggggg!
Check it out: http://en.wikipedia.org/wiki/Phantom_Entertainment
While the story isn't really close in circumstances it does have the "big versus small" feel to it.
Initially I thought this was an elaborately constructed joke by Sparkfun. Then, after reading the comments, I realised that the law firm really does suffer the delusion that Sparc and Sparkfun have anything more than four characters in common. So, in response I constructed my own special tongue-in-cheek revenge letter. Here is a link to it...
http://www.megaupload.com/?d=P5AH7OU9
Enjoy!
Simmers
Diganle a los abogados que se pongan a trabajar y a investigar antes de empezar cada caso.
Translate:
Mexico is at the side of Sparkfun!!!
Tell lawyers that they should work and investigate before beginning each case.
Saludos.
(it lists the various forms a trademark may take, and then continues)
"... that has been adopted by a manufacturer or retailer for use in connection with its products to identify their origin and to differentiate them from the products of competitors."
Section A. Go figure. ID Ten T error at its finest!!!
http://www.sparc.org/trade8.html
"... for use in connection with its products to identify their origin and to differentiate them from ..." here's the real idiot-confirming part: "... the products of competitors." As it has been stated, you're not competing with them, so the C&D is invalid, according to them.
Hopefully this will help prove they're wrong (contradictory at a minimum).
I'll be cheering for you SparkFun, and spreading the word on line and in the real world as much as I can.
Really bad move SPARC. Bad move.
Supposedly a company that has a trademark must defend it or their claim to it will eventually be watered down. We're in a recession and lawyers have mortgages to pay.
This claim sure looks like a stretch - doesn't it.
Good luck - Nathan!
"SPARC International was created in 1989 as an independent, non-profit organization to oversee and guide the SPARC evolution. Our IP consists of the SPARC Instruction Set Architecture, SPARC trademarks, and, SPARC derivative TM's. The organization is funded entirely by our members in support of SPARC architecture and its Open Standards technology. "
Anyone can become a member of SPARC International (for enough money). This is just an overactive trademark attorney that needs to be pimpslapped.
Just to be on the safe side, you guys should make sure that nobody has trademarked (or reserved in any way) the word "fun", because if they have, then we can have any.
On a more serious note, I hope this whole thing just goes away (when the lawyers figure out that an arduino+internet shield is not quite the same as a sparc web server) and ends up being just great publicity for you!
http://www.oracle.com/features/sunoraclefaster.html
Looks like Oracle is paying for some expensive marketing real estate to promote SPARC.
If you won't be noble and do as I suggest, at least change your name to avoid confusion.
I suggest "Company formerly known as Sparkfun , but the SPARC boys were messing with our head and we are in Boulder so now we will be known as CFKASBTSBWMWOHAWAIBSNWWBKA.recursion"
this ridicolous story is almost the same happen to me about 15 years ago. We were 3 friends which developed a software application. Our names were Marco, Maurizio and again Marco. I admit we had not much fantasy when choose and registered our web domain name 3MSystem.com, but that was the true explanation of those three "M" as header of the domain name...
Two years later we received almost the same letter from the lawyers of the big 3M company (!)
They sent more warnings, but we answered practically the same you have done. Initally we were scared by this attack, but then we understood they have no chance to defeat us in a court. In fact their target is to push you leave them your domain name by fear. For this reason THEY are real domain name robbers !
Marco
All say "aye" in favor of issuing a Cease and Desist to the "legal" folks in this country. Hoy vey....
http://www.mailpoop.com/
SparkFun has a niche following, who after reading things like these, will probably dislike the bully company. As we all know very well, word of mouth is the best way to spread the bad news and experiences.
Will it cost SPARC International key business? Probably not.
Is it good PR for SPARC International? Definitely not.
I wish you a speedy and pain-free resolution to this fiasco.
Don't give in to these jerks.
to the general public, any theoretical confusion is irrelevant, since they wouldn't be in the position to make such a distinction in the first place.
all in all, it seems like a bad case of lawyers following their flow charts
"I just read Mr. Nate's letter posted on the SPARKFUN ELECTRONICS site and am amazed at the frank BULLYING that the law firm with whom you have contracted is enacting towards the SPARKFUN ELECTRONICS Company. The term SPARKFUN infringes on SPARC International's intellectual property rights????
DO YOU THINK THAT YOUR CUSTOMERS ARE IDIOTS? If so, then perhaps SPARKFUN ELECTRONICS SHOULD BE SUEING YOU!!!!!!!!!
Your threat of a lawsuite against SPARKFUN ELECTRONICS could be used in schools of law as a perfect example of A FRIVOLOUS LAWSUITE!!!!.
NOW GO AND PACK UP YOUR K&L GATES HENCHMEN (and HENCHWOMAN) and do something beneficial for society instead of attempting to intimidate a company that is providing a useful service to customers instead of wasting its money on supporting its own paranoia.
In utter disbelief,
Joseph G Papeika, BSW, ASRRT"
Long Live SparkFun! (not SPARC)
It's clear from the letter that the lawyers have the wrong perspective. From the lay-man point-of-view it may appear to be similar, but anyone with the slightest bit of electronics knowledge (such as those on SparkFun) or those looking for a SPARC system know well and truly the difference...
Although I think it is not necessary: Be strong, SparkFun!
-YL
People who likes or knows about technology,computers,electronics,...are not stupid...i mean, we know exactly where we are and what we are looking for...
I work with servers that use SPARC's proccessors and i like to make embedded projects too...and i have never been confused about one or another...they are totally diferent things...
1. phonetically identical:If you use two words probably it will be the case...but nobody use it that way...
2. visually similar:Maybe you can change the color of the flame...:) because i don't see they are similar...
3. used in connection with identical goods...again we are no stupid:We know where we are...sparkfun sells integrated circuits and developments boards for the hobbie enthuasiast and other professionals...:) and SUN sells servers(complete solutions for the IT bussiness).
4. confusion is likely to occur among the relevant purchasing group:If both sell the same products it would be the case...but that's false.
Good look.
Nate, I will place an order to your company in the next days. Just keep on doing things like as today. Me and many people out there hit your site every day in a sort of browsing a modern electronic magazine searching for cool news on amazing electronic pieces. Again, who is SPARC?
Best regards.
Ivo
Did you mention they're down the road from you? Maybe they got tired of seeing all the fun you guys are having. It's got to be a little depressing down there at SPARC with the layoffs, the collapsing market share, and that fewer and fewer highend computer applications need their over-priced equipment. Certainly, they need to keep their legal department engaged so I guess you became the target for now.
Here's one fan cheering for David!
SPARC International seems to be some kind of intellectual property holding company whose business is centered around the SPARC architecture.
The original trademark obtained from Sun was a goods and services mark for "computer hardware, namely microprocessors, central processing units, circuit boards and integrated circuits." The kicker is that SI doesn't actually sell any of these items. The only thing they appear to sell is standards documentation and licenses to use the SPARC trademark. I think their claim on the mark should be invalidated because their actual use of the mark doesn't match the claimed use of the mark as described in the trademark documentation.
If this goes sour and you are forced to change your website/name, will we all recieve an e-mail explaining where to go to find you?
The only ones confused here are SPARC management and specifically, their Marketing group. If they think that having the use of "SparkFun" for selling their wares will improve their bottom line, I suggest they pause for a bit and think what their customers will do upon hearing the word "fun" used to name high-end servers.
Give up? They'll shake their heads at the lame excuse for a Marketing group that SPARC has and then buy their products anyway. So they should save themselves some embarrassment and give up this silly waste-of-time.
This is like comparing RISC and Riskybusiness. If RISC was a registered trademark, would a company called Riskybusiness be prevented from selling microprocessor based products; because RISC sounds like Risk? One is clearly an acronym. So anytime someone trademarks an acronym, no one can ever use a word that "sounds the same"? One thing I'm confused by, is this SUN or some spin-off of SUN? Do they really need the public embarrassment of picking on a small company like Sparkfun? Have they become that irrelevant in their industry that they fell the need to do this?
Do not give up! We need you so much!
Mat.
William Shakespeare
It's utterly shameful the way these lawyer's are out to get the little guys...SHAMEFUL!!!
http://www.google.com/hostednews/ap/article/ALeqM5iTH-tsAmOUKatfUKo_9dxLJtD5qQD9BGAG480
This one is about beer and not electronics...
Good luck with it and please don't go away...
Regards,
Fun Microsystems
Dear Sun/SPARC: Do what is right. You will ultimately stand accountable for your actions. Rough times do not call for rough treatment.
SparkFun and fellow supporters: What ever happens, lets make the commitment today to never do this to another company/entity, for how often do people/groups/nations become the very thing that they have sworn to fight against? Stick up for your values now and forever.
-Steve
Now it all makes sense. As Sun declines and Sparkfun grows, Sun is concerned that you might branch out and start selling servers and workstations.
So this is just a ploy to get you to agree to not compete with them.
How long does Sun have left? cash/burn rate - I don't have their financials handy, but you might be able to stall this long enough to outlast them, and thus hold your rights to the high end workstation market intact.
The K&L Gates lawyers should be spanked for wasting the courts time and money. And not by some pansy overpriced Palo Alto wanna be dominatrix.
First - its a .org
"SPARC International is an independent non-profit organization dedicated to overseeing and guiding the evolution of SPARC and its open standards technology."
Second - check out the list of trademarks they defend
http://www.sparc.org/trademarksListing.html
Really now, are they bullying EVERYONE?
Third - SPARC does not provide me with any tools, parts or resources to build my next eTextile project 'The Lawyer's Rehabilitation Sports Coat'.
excuse me while I get right on that....
The saving grace is the (lack of) evidence of confusion (unless SPARCs will come with tons of people trying to buy Arduino from them).
Is SPARC's aim to get SparcFun registered? Guess what, SparcFun.com domain's taken already.
Propose a solution in a gradual matter as a show of good will, then fight as a last resort:
1) "disambiguation" on the SparkFun.com (a link with explanation to SPARC on home page), if they will reject (which they most likely will) then
2) you have no obligation to give up the domain name (except if they are willing to drop a few millions for it) you may have to cease using it though, rename sparkfun.com to something else like SparkFunIsNotSPARC.com (SFINS?)
But IANAL...
http://cyber.law.harvard.edu/metaschool/fisher/domain/tmcases/amf.htm
Is it their new strategy to destroy their market goodwill as quick as possible ?
If you would like to go in that direction, why not change your name in 'Limbo Logic'. Empty heads !
http://www.youtube.com/watch?v=kbG_woqXTeg
http://www.youtube.com/watch?v=awtHQk2-Rfc
Are there any Colorado Congresspersons who might help SparkFun ?
Deal with your munchies and leave honest normal folks be.
My Initials are MCD is Mc Donald's going to give me a cease and desist too?
Remember the one about "what are 10 lawyers at the bottom of the sea?"
A good start!
It's been mentioned a few times in the comments, but maybe try the EFF...
One: Through the "open" nature of the company, ideas can be shared. The creativity of individual contributors can "Spark" the imagination. Examples can spark creativity or spark new ideas based on existing ideas.
Two: The whole process of looking at what others have done is exciting. All these little sensors and communication modules and let's face it, nerd toys, are really cool. So the process of creating new projects based on what we find here at SparkFun is FUN!
Enter Spark -> Fun ---> SparkFun!
What is it with companies doing this these days? What next? is Linksys going to sue Crisco because someone might confuse cooking oil with a router?
I turned to Linux because of Microsoft pulling these stunts, I am quite prepared to turn my back on Sun microsystems as well if they are going to do the same.
The first 4 letter match, so what, so do a lot of words in the dictionary, maybe they should sue the oxford dictionary company for mentioning the word "Sun".
A) A Doberman Pinscher.
I suppose a techsupport guy from India who doesent really speak english in the first place might confuse the two, but that because he doesent speak english!!
Keep up the good fight SparkFun, i dont think you have anything to worry About.
-However this must be heart breaking for the director of sparkfun, these legal battles are costly , while the victim organization will most likely win, the cost alone will heavily burden the company.
-But the cheapest alternative to win this battle is to use public pressure through the media to ward off the giant. They'll back off once they realize negative publicity has sufficiently damaged their image.
-Similarly down here in Australia apple has targeted a supermarket chain for using what appears to be an apple in their logo
SparkFun has all the rights to keep using its domain name, o better, to not answer the request to transfer the domain (there are the initial extremes of something illegal in a request like this).
In addition, in all these years I never made a mental association with SPARC, and I am well acquainted with that name.
Everybody knows that domain names are a big thing these days, but apparently SPARC woke up a little late to the game. Or perhaps some smart guy there (one from marketing, of course) is ready to start a new campaign playing with the words Spark and SPARC. How smart! I wonder why nobody thought that before ...
Things like this pi$$ me off. It happened to me. A long-established local competitor worked hard to shut my new business down, apparently calling in my state's Dpt. of Revenue, the local zoning board, and the FCC to investigate my business. The fight to shut me down raised such attention that it made the newspaper's front page. Within a year or two, the local competitor was literally bulldozed into the ground.
I don't expect or even want Sparc International to see the same fate. I do want them to feel a pinch, even if just bad public opinion. There is absolutely no need for them to be doing what they are doing. As was said before, only idiots (like their lawyers, apparently) would confuse the two trademarks with each other.
This is just another case of legal extortion.
An enterprising fellow starts a web-based company called ToyFun, specializing in creating toys for the enjoyment of young and old alike. His best selling items are a series of toy cars that, with a few clever twists, morph into superheros and monsters. After a few years in business he gets a cease-and-desist letter from the Toyota Motor Corporation demanding that he stop using the name ToyFun. The name is both phonetically and visually similar to the Toyota brand, and is used in conjunction with identical goods (wheeled vehicles), thus raising the possibility of confusion among the relevant purchasing group.
I'm not confused.
At least I wasn't until SUN began to create confusion.
NO! ... I'm sure, I'm not confused!!
This is a classic example of lawyers drumming up work for themselves with frivolous lawsuits. The lawyers don't believe what they are saying, and neither would anyone with morals or common sense...but then again both of those are rare commodities.
I say let them whine, suck up SPARC's money and in the end this stupidity will probably just die.
As for the phonetics, here is a real example of what those weenies are trying to claim ( http://www.ecademy.com/node.php?id=83540 )
"Sparkfun" is as similar to "SPARC" as Star Trek is to Star Wars...well, "Star" anyway.
This is stupid, blow them off as much as possible.
For what it's worth, I am a main purchaser of equipment for my firm, and I now know of one company (SPARC) whose products I will always avoid if an alternative exists.
Good one SPARC.
scidog
This is just another reason to boycott everything from SUN.
We use Sparc Products at work all the time so I'm exposed to them every day and I never made that connection until I saw this. Furthermore, I am a 'PC Support Analyst' (nice title I know), but I just fix PCs, Macs, Linux, UNIX, Sun Solaris and AIX hardware and software) and still - never made the connection. I have 35+ years of exposure to electronics (and a 2 year degree in Electronics Technology) <-- I can even spell it! I recently bought a LeCroy WaveAce 232 so this hobby is very serious; I've spent plenty having fun with electronics. And STILL I never made the connection between Sparc and SparkFun. I just don't understand the reason for this.
I guess the Sparc laywers are bored or something. I couldn't be a lawyer, um, wouldn't want to be a lawyer.
Don't give up the fight! We're all behind you!
However, it is my feeling that the actual company SPARC, itnl. has no idea that this action has been taken against you, but rather, it is a law firm that does nothing else other than look to harass companies in the so called benefit of other companies who probably pay the law firm far more than the lawyers are worth.
This is more than obvious in this case since the law firm has no clue about the context in which they used the terms in there letter other than Sparkfun has circuits and circuit boards and that SPARC, intl. has goods that contain circuits and circuit boards.
Well, long statement to short, you are doing a great job and are now receiving both appropriate and in-appropriate attention. Keep up the great work and don't let anyone try to beat you down.
Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity
Ironically available at Amazon.com
Ques? What's 100 lawyers on the bottom of the ocean called?
Ans) A start :)
I think its rediculous, the idiots obvously don't know that "SPARC" != "SparkFun" (Translation for lawyers: "SPARC" ____DOES NOT EQUAL____ "SparkFun")
I acronym and cutshort heaps of words (*e.g. Winfield(TM) becomes Winny) and I have ALWAYS refered to SparkFun as SparkFun, never "Spark".
And I don't see no flames in their logo, as for the red text.. Is the color red now copyrighted? if so I guess I am gonna get my ass sued off everytime I correct something with red pen...
People wonder where all the creativity has gone, its hidding in the cubboards because people are too scared of getting their balls sued off by overzellous sucking lawyers who are trying to trademark a fricken common word!
I hope the courts over there in the US have atleast one shard of common sense and this bull**** that them lawyers have conjured is thrown out at the bottom of the legal system.
Best of luck from Australia.
P/s sorry for the colourful language, SparkFun is my only supplier that actually has the speciality stuff and I am pretty pissed about the whole saga.
This is just another reason to boycott everything from SUN.
+agree or to have a repeat of the EToy war (ref: http://en.wikipedia.org/wiki/Etoy)
I want to see them squirm. :)