[Nate] over at SparkFun Electronics has posted a cease and desist letter he received from SPARC industries. Apparently their legal department feels that his name is close enough to theirs to ignite a legal battle. They are demanding that he transfer his domain to them immediately to extinguish the flames. This all seems a bit silly, his name isn’t really at all like theirs and his product isn’t similar either. To add to the peculiarity of this, going to their site throws up a big red malware warning for us (in chrome).
[thanks IraqiGeek]
It seems SPARC was paying attention, their website is accessible now with no Google warning. http://www.sparc.org/index.html
This does not seem like a phish attack to anyone else?
Hi guys I just sent this to Sparc…
Hey what gives I was just looking for the SPARKFUN website but came HERE by MISTAKE…
I will write to SPARKFUN and tell them that your name IS too close to THEIRS and that they should take legal action against you to get you to change your domain…
Well, i guess i better warn my ham friends at SPARC (South Pickering Amateur Radio Club) and may have to sell the repeater to hire a lawyer..hihi
http://www.sparc.bc.ca/ is a non-profit corp in British Columbia that help people with disabilities. (Disabled parking permits, etc)
I wonder if they received a letter as well..
easy solve…put a message somewhere on sparkfun site saying we are in no way connected to SPARC INC.
on another note… F**K SPARC…
How does “SPARKfun Electronics Inc” sound like “SPRAC International Inc”?
and
How do they sell similar products?
the only thing I could find was they both have electronics. Totally different electronics might I add.
Cease and Desist letters? Have companies and the military merged?… from the sounds of it, yes. Yes they have.
Sun Microsystems is a Puppet for the new world order.
This is just proof of a fascist world.
Where the big Powerful take over small Weak.
Something else I’d like to add.
Putting together computer servers and making micro-processors(SPRAC) is way different from making micro-controller circuits(SPRAKfun)
It has come to MY attention that SPARC Inc. is a bunch of fags looking for ways to steal some free domains and companies to sue when they are bored. How are the names SPARC and SPARKFUN even remotely the same? F U SPARC Inc (i should send this to SPARC in and angry email but probably wont)
I wonder if this is a prank of some sort…
http://www.sparc.org/trademarksListing.html
SPARK(C)
sorry :/
Ignore it. A C&D letter isn’t legally binding in any way.
SPARK =/= Spark(Fun)
SparkFun SHOULD respond to the letter, demanding documentary evidence that potential SPARC customers have gone to SparkFun at some time and mistaken Sparkfun’s website for SPARC’s.
They should also communicate directly with SPARC’s in-house PR or PR consultant and the Director responsible for PR to explain the damage potential, or else the legal department will just run this on autopilot.
They should also tell SPARC that they interpret this action as an attempt to distract attention from real and factual difficulties confronting SPARC’s business, and that they will mention such difficulties in any comment they release to media.
Everyone needs to settle down :/.
Do any of you people not know that trademark holders are required by the legal system to defend their trademark by doing things exactly like this?
If they didn’t they could end up losing their own trademark. Chances are it would never really pass in a court but they have to prove they’re defending the name even if it’s an extremely stupid and slight similarity.
This reminds me of SCO (http://en.wikipedia.org/wiki/SCO_Group), if I were to install a SCO OS onto a SPARC based system, what would happen, would I open a gateway to hell?
https://www.dreamspark.com/Products/Product.aspx?SID=1052827-2-0-ARTICLE-0&ProductId=17
This should be fun to watch !
*facepalm*
Regardless, if this does go anywhere Sparkfun will need some cash, product buying time :)
Wugh:
You mean to tell me, that, for a company to keep it’s trademark, the legal system requires the company to take blatantly baseless actions against other parties, when the actions could even result in damage to the business of the tradmark-holding company? That is just absurd…
^^-Wugh: +@Ugh:
Did you know?
Reverse SPARC and get CRAPS…
Go, Sparkfun, GO (and die, damn SunOS) !!!
Since when did SPARC.org = sparkfun.com in any way whatsoever? -.- Seriously, they should just ignore this crap. If it gets taken to court, you know it’s gonna get thrown out in no time.
My £0.02- I have a CS degree and have been a professional software engineer for about two years, and I know more about what Sparkfun do than what SPARC do. That’s still enough to know their target audiences don’t really overlap, and this C&D seems to be a simple waste of time.
SPARC are trying to fight growing irrelevance… it just feels like shutting the stable door after the horse has bolted.
123 comments here over 200 at sparkfun slashdot…. no case, chances are it is a scam, i mean have a look at what has happened, sparc website has bucketloads of malicious crap on it, sparKfun gets a C&D letter, sparc gets everyone from here going there, and getting this virus/trojan…
either way sparkfun > sparc
I guess the makers of Spark Plugs will also be getting a letter? Since spark plugs use electricity to operate, it’s possible that a user of a spark plug could be confused with a SPARC processor. Let’s ban all spark plugs.
I WAS planning to order a few racks of sun sparc m9000 servers in a few weeks, or as soon as my funding went through. But, not now. No way! Eff you sun! no more monies for you!
On Sun’s behalf, I’d like to make clear that this action was taken by Sparc International (SI). SI is an independent trade association. Sun was involved in starting SI many years ago but today is one of several members and is not responsible for the actions SI takes. I’ve asked Sun’s representative to SI to investigate, but beyond that there’s not much else I can do.
S.
(Sun community ombudsman)
If this is some sort of guerilla marketing stunt they’ve clearly missed the point, you’re NOT supposed to piss of your target audience.
I’ve always thought of Sparc and Sun as something kinda cool but this being the first thing I’ve heard about them in years my opinion has definitely changed towards them being grumpy old hasbeens :)
Look, everyone, Sparc International had to act, and have a very strong case in law.
Had to act: See SparkFun’s own posting. They decided to file for a trademark THIS YEAR in a category where a similar trademark had already been filed for a /decade/. Sparc could no longer turn a blind eye and US law forced them to respond. A C&D is the standard way of establishing contact & is best seen as a first step in negotiation.
Strong case: See http://yro.slashdot.org/comments.pl?sid=1416293&cid=29853731
SparkFun are foolish to mount a public campaign, and deceitful to imply that Sun is in any way involved – both will make negotiating with Sparc that much harder. I started out on their side but now I’ve seen all the facts I have very little sympathy.
Yeah…wow.
My Web Of Trust add-on declares WARNING! This site has a poor reputation!
Digging their own grave.:P
At this point, I side with SparkFun because “Spark” is the accepted spelling of “spark”. “Sparc”, in my opinion, is an uncommon variant…I assumed for trademarking of a unique name.
Under that reasoning, Sparc abandoned the common spelling and if anyone came along afterward and used the common spelling for a company (offering different product or services), then Sparc’s claims are groundless.
One more thing:
“Apple Computer Inc” and “Apple Corp Ltd” and their “Apple Records” are two different companies.
One (use to) offer only computers and software. The other only offers musics and video (created by The Beatles to manage their music rights).
Both company shared (after long negotiation) the “apple” name as long as neither company (at the time of the agreement) ventured into the other company’s business offerings.
“Sparc” with a “c” is far too different than “SparkFun” with a “kFun”.
This is my less-than-legal opinion.
sparc.org is rated very poor by WOT. :/
Stuckbucks sued a small single privately owned coffee shop called Starluck and put them out of business. Even though Starluck had been in business with the name Starluck since before Starbucks had ever existed and Starluck was the owners last name. As far as I understand you can have competing industries with the EXACT same name as long as its the owners ACTUAL name, the fact that it wasn’t even the same AND it was the owners actual name and they still won irks me to high heaven. I never thought Starbucks coffee was that good to begin with, but I’ve completely boycotted them and sold off all my stock when that happened. It’s one thing to me if its intellectual property rights a company is suing over, but a name? Especially when it’s not really even close?! I’m also pretty sure you can have the EXACT same name as long as they are sufficiently different industries. Look at Paramount oranges and Paramount Pictures, even their logo looks the same. Stupid stupid lawyers, I bet some higher ups in the company don’t even understand what their lawyers are doing. Like when Metallica started selling Napster shirts trying to make a point and Napster lawyers started to file a law suit and Shawn Fanning was like “WTF are you guys doing! They’re advertising for us!” There are SOOO many stupid lawyers out there. It’s like when some kid goes to school and doesn’t know what he/she wants to do they are like… “Well I could go into business or be a lawyer” and the stupid business people just get fired or run their department into the ground, but the stupid lawyers get promoted cause they’re suing the shizer out of everybody making their firm money. The worst part is, we NEED lawyers, but all the STUPID lawyers are giving the good, smart lawyers a bad name.
Stupid, stupid lawyers. Pisses me off!
You know what we need, we need a conglomerate of lawyers that counter sue companies and law firms that sue frivolously. They’re destroying out economy. GRRR! Ok, done with my rant.
If they consider their trademark SPARC to be the same as SPARK then isn’t it an invalid trademark since they shouldn’t be able to trademark a common word like spark.
does anyone have any updates on this topic?
WOW! Is SPARC going to take all our spark-plugs?
(Shudder) How am I going to drive? I do NOT own a diesel!
This is an obvious loser for SPARCINC… go for costs, when you win.
BKR