Re: [Audacity-devel] Audacity DVR
A free multi-track audio editor and recorder
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From: Joshua H. <jo...@re...> - 2003-11-18 21:11:03
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On Tue, 2003-11-18 at 08:58, Matt Brubeck wrote: > Daniel James wrote: > > > > A company called Audio Storage Technologies makes recording hardware > > > and software for PDAs, with the brand "Audacity DVR" > > > > I strongly suggest that a representative of the development team > > writes a polite but firm letter to this company. If you don't stop > > this now, you could find that they will force you to change the name > > of the original Audacity at some point in the future. > > Note: I'm not a lawyer, and my opinion is not legal advice. > > Under US law, we can claim ownership of the "Audacity" trademark even > though we have not registered it. But without registering the mark, > we can't collect damages or recover legal fees if it's infringed (we > can only force the infringer to stop). Registration costs about $300 > and may require a trademark attorney. > > I agree with Daniel that we may need to contact AST to avoid future > conflict. Unfortunately we might not have the time or resources to > force them to stop using the name if they don't want to. > > If we can protect our right to the name in a way that avoids conflict > (e.g. AST acknowledges our ownership, and we license the mark under > terms we both agree to), I think that might be better. Any thoughts? As I see it, there are two issues at stake: 1. securing permanent rights to use the name Audacity 2. deciding whether we object to other entities using that name I am wondering to what degree they are really independent, though. Does protecting our right to use the name require having a trademark? Lacking a trademark, could we be forced to stop using the name in the future by an entity that *did* acquire a trademark for "Audacity?" Even if we secured an agreement with AST, what stops another company from coming along and registering "Audacity?" Suppose that acquiring a trademark is required as an affirmative defense. Having a trademark would require that we defend it, from the little I know about trademark law. Wouldn't we be required to demand that AST stop using the name "Audacity?" I'm hesitant to enter into any kind of agreement, or really even to contact this company, until we really understand the ramifications of our situation. Josh |