A small point to bear in mind before committing finally to Hermes Messenger as the client name. In the UK there is a large courier company called Hermes and it has a widely used SMS app under the name Hermes Messenger. I am not sure whether they have filed a trademark or any other form of protection for it but it would be a nuisance if they started to make difficulties.
Gordon Hughes
If you would like to refer to this comment somewhere else in this project, copy and paste the following link:
That's probably a point for the admins. But good spot. Worth taking into
account, I'm sure. It would make the logo obsolete but a picture is a
picture. I'm fighting with it now. I have a good idea where to put it but
its size needs to be dynamic.
A small point to bear in mind before committing finally to Hermes
Messenger as the client name. In the UK there is a large courier company
called Hermes and it has a widely used SMS app under the name Hermes
Messenger. I am not sure whether they have filed a trademark or any other
form of protection for it but it would be a nuisance if they started to
make difficulties.
That's probably a point for the admins. But good spot. Worth taking into
account, I'm sure. It would make the logo obsolete but a picture is a
picture. I'm fighting with it now. I have a good idea where to put it but
its size needs to be dynamic.
Regards.
Søren.
On Monday, March 4, 2019, Gordon Hughes gah789@users.sourceforge.net
wrote:
A small point to bear in mind before committing finally to Hermes
Messenger as the client name. In the UK there is a large courier company
called Hermes and it has a widely used SMS app under the name Hermes
Messenger. I am not sure whether they have filed a trademark or any other
form of protection for it but it would be a nuisance if they started to
make difficulties.
Gordon Hughes
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Heh heh. "Intense" personality. I'd imagine. How about in Denmark? I
realize it probably isn't the greatest of markets, but can a non-citizen
apply for trademarks and does it matter at all?
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------------------------------
You have my total assurance, as a graduate in law, that they will not "make
difficulties". First of all, trademarks do not apply between industries
(i.e., you can have a jewellery company called Tiffany and a restaurant
called Tiffany's). Obiter, trademarks are not filed, but registered, and in
any case a trademark becomes valid when you start using it rather than if,
or when, it is filed (just throwing that out there). Registration
officials will arbitrate if there's a conflict (i.e. if there's a computer
company called Hermes and another one comes along, they'll tell the second
ones to try again). We've registered the trademark in Canada and will
register later in the UK and USA. Anyway, if Hermes the couriers try to
use their name as a cudgel against us, they'll be out of luck.
Second of all, if they tried it anyway, I have a very... intense...
personality if need be, and I'd fight tooth and claw, if need be.
A small point to bear in mind before committing finally to Hermes
Messenger as the client name. In the UK there is a large courier company
called Hermes and it has a widely used SMS app under the name Hermes
Messenger. I am not sure whether they have filed a trademark or any other
form of protection for it but it would be a nuisance if they started to
make difficulties.
--
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32UD44UE97UR99UM101UA104UT106UO107UG110UL111UY114UP115UH116UI117UC$
QA:^US$QP:^US$QD:^US$QI:^US$QA:^US$QM:^UQ$QG:^UQ$QA:^UQ$QP:^UQ$
QE:^UQ$QO:^UU$QC:^UU$QH:^UU$QI:^UU$QD:^UU$QM:^UI$QY:^UI$QD:^UI$
QT:^UI$QR:^UI$QR:^UB$QL:^UB$QY:^UB$QI:^UB$QT:^UB$GI-5CGUGS-5CGB10CGQ0JT$$
----- END TECO SIGNATURE BLOCK -----
(Don't forget: ^ in TECO means just that, and $ means press the Esc key!)
There have been many cases in common law jurisdictions when large companies have succeeded in enforcing trademarks outside their immediate industry by court action. Such cases can be a huge distraction and expensive. Messenger is too old and common a term to be enforced as a trademark and Hermes might have difficulty in arguing potential confusion between courier service and email. However, I think that you may be at serious risk about the Hermes e-Messenger case, as that is clearly an email application. If the company hasn't registered the trademark in the US, I would suggest that you register it as quickly as possible. Their company name is quite different so they can't claim an implied trademark.
Last edit: Gordon Hughes 2019-03-06
If you would like to refer to this comment somewhere else in this project, copy and paste the following link:
A small point to bear in mind before committing finally to Hermes Messenger as the client name. In the UK there is a large courier company called Hermes and it has a widely used SMS app under the name Hermes Messenger. I am not sure whether they have filed a trademark or any other form of protection for it but it would be a nuisance if they started to make difficulties.
Gordon Hughes
That's probably a point for the admins. But good spot. Worth taking into
account, I'm sure. It would make the logo obsolete but a picture is a
picture. I'm fighting with it now. I have a good idea where to put it but
its size needs to be dynamic.
Regards.
Søren.
On Monday, March 4, 2019, Gordon Hughes gah789@users.sourceforge.net
wrote:
--
Søren Bro Thygesen
I mean aside from the splash screen. There's a big empty spot where it
would fit nicely.
Regards.
On Tuesday, March 5, 2019, Soren Bro sbrothy@users.sourceforge.net wrote:
--
Søren Bro Thygesen
And there's also this: http://hermesemessenger.com/
I'd be surprised if they hadn't registered this as intellectual copyright.
So what so we do?
Regards,
Søren.
On Tuesday, March 5, 2019, Walt Stagner wstagner@users.sourceforge.net
wrote:
--
Søren Bro Thygesen
Names aren't registrable as intellectual copyright, only as trademark. Big
distinction.
On Wed, 6 Mar 2019 at 04:52, Soren Bro sbrothy@users.sourceforge.net
wrote:
--
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(Don't forget: ^ in TECO means just that, and $ means press the Esc key!)
Heh heh. "Intense" personality. I'd imagine. How about in Denmark? I
realize it probably isn't the greatest of markets, but can a non-citizen
apply for trademarks and does it matter at all?
/Søren
On Wednesday, March 6, 2019, Ted Matavka nmatavka@users.sourceforge.net
wrote:
--
Søren Bro Thygesen
You have my total assurance, as a graduate in law, that they will not "make
difficulties". First of all, trademarks do not apply between industries
(i.e., you can have a jewellery company called Tiffany and a restaurant
called Tiffany's). Obiter, trademarks are not filed, but registered, and in
any case a trademark becomes valid when you start using it rather than if,
or when, it is filed (just throwing that out there). Registration
officials will arbitrate if there's a conflict (i.e. if there's a computer
company called Hermes and another one comes along, they'll tell the second
ones to try again). We've registered the trademark in Canada and will
register later in the UK and USA. Anyway, if Hermes the couriers try to
use their name as a cudgel against us, they'll be out of luck.
Second of all, if they tried it anyway, I have a very... intense...
personality if need be, and I'd fight tooth and claw, if need be.
On Mon, 4 Mar 2019 at 04:25, Gordon Hughes gah789@users.sourceforge.net
wrote:
--
----- BEGIN TECO SIGNATURE BLOCK -----
32UD44UE97UR99UM101UA104UT106UO107UG110UL111UY114UP115UH116UI117UC$
QA:^US$QP:^US$QD:^US$QI:^US$QA:^US$QM:^UQ$QG:^UQ$QA:^UQ$QP:^UQ$
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QT:^UI$QR:^UI$QR:^UB$QL:^UB$QY:^UB$QI:^UB$QT:^UB$GI-5CGUGS-5CGB10CGQ0JT$$
----- END TECO SIGNATURE BLOCK -----
(Don't forget: ^ in TECO means just that, and $ means press the Esc key!)
There have been many cases in common law jurisdictions when large companies have succeeded in enforcing trademarks outside their immediate industry by court action. Such cases can be a huge distraction and expensive. Messenger is too old and common a term to be enforced as a trademark and Hermes might have difficulty in arguing potential confusion between courier service and email. However, I think that you may be at serious risk about the Hermes e-Messenger case, as that is clearly an email application. If the company hasn't registered the trademark in the US, I would suggest that you register it as quickly as possible. Their company name is quite different so they can't claim an implied trademark.
Last edit: Gordon Hughes 2019-03-06