Popup Killer Trademark stolen

Developers
2003-10-14
2004-08-13
  • Nobody/Anonymous

    Popup Killer, original made by Xavier Flix have been stolen and falsely registered as a trademark by
    the company A1tech.

    They are now misleading the internet comunity into beliving they are the origin of the term "popup killer".

    Misleading the internet comunity into beliving that their software is the one made popuplar by Xavier Flix.

    Last I heard was that A1tech has contacted Google to remove other sites with use of the now generic term "popup Killer". Google has stooped all advertising, will they also remove sites in the free listing by request from the gangsters in A1tech??

    I wish someone would stand up and take legeal actions against this company that have stolen Xavier Flix name "popup killer" that he used years to build up.

    I would be happy to make donation to make this happend!

     
    • The Grifter

      The Grifter - 2003-10-16

      I wouldn't worry too much about it.  Popup Killer is covered by GNU General Public License (GPL).  I'm pretty sure that even covers the name.  What is your reference for this?  I would like to further investigate this because if A1tech pushes that it is the legal holder of the name that will affect all development of PUK.  But please reply with a reference.  Thanks.

       
    • Nobody/Anonymous

      Copy of email from the company:

      We represent [A1Tech] Inc., ("the Company"), owner of the federally registered service mark Popup Killer  (Registration No. 2663366).
      Company has owned and used its Popup Killer mark in connection with software sales of AdsGone Popup Killer software that blocks popup ads,
      banners, etc. on the internet.
      The Popup Killer mark, as you must appreciate, is of great value and importance to Company.

      Recently, we have been advised that you are using the name "Popup Killer" in connection with your web site  and which sells a popup blocking software package.
      This letter is being sent to protest your continued, unauthorized use of a mark confusingly similar to Popup Killer in connection with your Internet site.
      Your use of "Popup Killer" (or derivative  pop up killer or pop-up killer) unfairly capitalizes on the goodwill and reputation embodied in Company's service mark.

      This type of deceptive trade practice constitutes trademark infringement under Section 32(1) of the Lanham Act, 15 U.S.C.  1114(1),
      a false designation of the original and false description under Section 43(a) of the Lanham Act, 15 U.S.C.  1125(a),
      and violates the state trademark and dilutions statutes and common law principles of unfair competition and misappropriation.

      To ensure that you cease and desist of all unauthorized use of the mark "Popup Killer" or any mark confusingly similar to Popup Killer on any products,
      advertisements, web pages (domain names, web page titles, or page text),
      software product names, or in connection with any services,
      we request that you certify that: (i) you or any entity you are affiliated with or an agent of, immediately cease all use of the mark "Popup Killer"
      or any mark confusingly similar to Popup Killer; and (ii) you or any entity you are affiliated with or an agent of,
      agree to rescind and refrain from any further advertising bearing the mark "Popup Killer" or any mark confusingly similar to Popup Killer.

      Please reply to this within (10) days to indicated your acceptance of the terms outlined in this letter.
      Should we not receive a positive response from you within ten (10) days of the date of this letter,
      we shall proceed with all steps necessary to protect our client's goodwill.

      Do not use the text "popup killer" anywhere within your web site, product name, or description.
      If you wish to use Popup Killer, you must list AdsGone Popup Killer at the top with a link to our site
      and a note indicating "popup killer" is a trademark of A1Tech, Inc.

       
    • Nobody/Anonymous

      We represent [A1Tech] Inc., ("the Company"), owner of the federally registered service mark Popup Killer  (Registration No. 2663366).
      Company has owned and used its Popup Killer mark in connection with software sales of AdsGone Popup Killer software that blocks popup ads,
      banners, etc. on the internet.
      The Popup Killer mark, as you must appreciate, is of great value and importance to Company.

      Recently, we have been advised that you are using the name "Popup Killer" in connection with your web site  and which sells a popup blocking software package.
      This letter is being sent to protest your continued, unauthorized use of a mark confusingly similar to Popup Killer in connection with your Internet site.
      Your use of "Popup Killer" (or derivative  pop up killer or pop-up killer) unfairly capitalizes on the goodwill and reputation embodied in Company's service mark.

      This type of deceptive trade practice constitutes trademark infringement under Section 32(1) of the Lanham Act, 15 U.S.C.  1114(1),
      a false designation of the original and false description under Section 43(a) of the Lanham Act, 15 U.S.C.  1125(a),
      and violates the state trademark and dilutions statutes and common law principles of unfair competition and misappropriation.

      To ensure that you cease and desist of all unauthorized use of the mark "Popup Killer" or any mark confusingly similar to Popup Killer on any products,
      advertisements, web pages (domain names, web page titles, or page text),
      software product names, or in connection with any services,
      we request that you certify that: (i) you or any entity you are affiliated with or an agent of, immediately cease all use of the mark "Popup Killer"
      or any mark confusingly similar to Popup Killer; and (ii) you or any entity you are affiliated with or an agent of,
      agree to rescind and refrain from any further advertising bearing the mark "Popup Killer" or any mark confusingly similar to Popup Killer.

      Please reply to this within (10) days to indicated your acceptance of the terms outlined in this letter.
      Should we not receive a positive response from you within ten (10) days of the date of this letter,
      we shall proceed with all steps necessary to protect our client's goodwill.

      Do not use the text "popup killer" anywhere within your web site, product name, or description.
      If you wish to use Popup Killer, you must list AdsGone Popup Killer at the top with a link to our site
      and a note indicating "popup killer" is a trademark of A1Tech, Inc.

       
    • The Grifter

      The Grifter - 2003-10-16

      I check the US Patent office and A1Tech legally owns the name "Popup Killer".  I have sent them an e-mail asking how that will affect other programs (particularly our development) using the name.  Once I get a response I will be sure to post it here.  In the event they force us to change the name, I think it will be up to Xavier to decide the fate.  But hopefully, since we're not planning on marketing the project we still may not have to worry.

       
    • Nobody/Anonymous

      I hate corporate dickheads. So, when i see this email saying stop, deceast and disisst or whatever the fuck they wrote, to me, that is BS and they should just fuck off and take thier pop-up killer and shove it up thier ass. I have one of the original copies downloaded from cnet about 6 years ago. i copied it from the net, and saved it to a disk. i think i have the only remaining copy left to give to whom ever i want to. SO, WAH!!! cry about it. Copy right, nope sorry, copied over and over and over!!!!  (DICKS)

       
    • Nobody/Anonymous

      I also in deed have an origional of the origional popup killer i downloaded about 6 and a half years ago the origionator of this software is the best and that company who should not have the name should go to heck because their software doesnt work as good. they should get the origionator of the software go to work for them and pay him millions because he definitely knows more than the dicks they have working for them. God speed all use the origional that was always free and better

       
    • Eric Montgomery

      Eric Montgomery - 2004-05-03

      Is there an update on this?

       
    • Nobody/Anonymous

      any news on this?

       

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