Re: [Audacity-devel] Audacity DVR
A free multi-track audio editor and recorder
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From: Dominic M. <do...@au...> - 2003-11-18 18:33:58
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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? I agree that it would be best if we amicably settled this by getting a favorable response from them in writing. It might be nice to see if we could register the trademark, though. I wonder if the EFF or some other organization might be willing to provide us with free legal advice? I've been a member of the EFF for a couple of years. Matt, would you like to draft an email to the Audacity DVR folks, or should I? - Dominic > BitLaw and Cornell University have information about US trademark law: > > http://www.bitlaw.com/trademark/ > http://www.law.cornell.edu/topics/trademark.html > > As far as I can tell, we have a very good claim to the "Audacity" > trademark in the field of computers and electronics. Dominic is > probably the trademark owner, since the "Audacity development team" > is not a legal entity. > > > ------------------------------------------------------- > This SF. Net email is sponsored by: GoToMyPC > GoToMyPC is the fast, easy and secure way to access your computer from > any Web browser or wireless device. Click here to Try it Free! > https://www.gotomypc.com/tr/OSDN/AW/Q4_2003/t/g22lp?Target=mm/g22lp.tmpl > _______________________________________________ > Audacity-devel mailing list > Aud...@li... > https://lists.sourceforge.net/lists/listinfo/audacity-devel |