Forward of moderated message
linas at linas.org
Sat Aug 28 17:06:06 EDT 2004
On Sat, Aug 28, 2004 at 12:31:28PM -0400, gnucash-announce-bounces at gnucash.org was heard to remark:
> From: Pieter Valentijn <pvalentijn at delphidreams.nl>
> To: gnucash-announce at gnucash.org
Please don't post to the announce amiling list, its moderated.
> Subject: CASH Software is claiming there name.
> Hi Im the Dutch programmer for TurboCASH like GNuCASH a opensource
> accounting package.
> The Dutch company CASH has send me a letter summuning me to take down
> the dutch site www.turbocash.nl
> And not to use the name CASH in anny actifitys that surround accounting
> package's. They wrote me a letter witch i had to sign for.
This is called a "registered letter", and lawyers like to use these
to prove that you received the letter. You can always refuse to accept
registered letters. Drives the lawyers nuts.
> Telling me to stop using the name CASH. All do i did not think of the
> name my self and they nevver phoned or maild me about it.
> I just wat to lett you guys about it couse you are probebly next. They
> seem to have a registerd trademark in the Benelux for the name CASH.
> I hope this wil end soon but im pritty confiused at the moment. Im just
> a programmer working for the world to make a good accounting package and
> they sew me :-(
You need to study Dutch/EU trademark law a bit. Find a
freind-of-a-freind who is a lawyer or is in law schoo, and get them to
give you an overview. In the US, they cannot do this because 'cash'
is a common word, and one cannot trademark common words. Its less
clear to me what Dutch law may say about this.
Note also: in the United States, there are 57 different trademark
categories. Thus, some company could trademark "gnucash", for example,
for use on a line of refridgerators, and still couldn't make us stop
because no consumer could ever mistake a refridgerator for an
accounting program. The two are in different 'categories'.
pub 1024D/01045933 2001-02-01 Linas Vepstas (Labas!) <linas at linas.org>
PGP Key fingerprint = 8305 2521 6000 0B5E 8984 3F54 64A9 9A82 0104 5933
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