From: "Douglas M. Smith" To: "adama@memetic.org" Date: Thu, 5 Nov 2009 10:46:44 -0600 Subject: Observer Trademark violation To Whom It May Concern, It has come to our attention that Memetic has a product using the trademar k OBSERVER (the product is listed as on the web site as "Observer" - see h ttp://www.observernms.org/). Please be informed that our company is owner of both a U.S. Registration ( No. 2,135,633 for OBSERVER) and a European Community Registration (No. 764 795 for OBSERVER) and we have used it both in the United States and throug hout Europe (Including the United Kingdom) since July 20th, 1994 in conjun ction with computer software for troubleshooting and network problem resol ution on computer networks. We are concerned that Memetic's use of OBSERVE R may infringe on our rights under both US Federal and common law and Euro pean Trademark law and may be likely to cause confusion, mistake, or decep tion as to the source or origin of our products and/or services. In light of this we have no choice but to demand the Memetic's cease and d esist all infringing use of the OBSERVER mark. However, I trust that Memet ic is as20motivated as we are to avoid any confusion. I request that we b e contacted no later than November 16th, 2009, confirming the discontinuan ce of use of the OBSERVER name by Memetic. ~~~~~~~~~~~~~~~~~~~~~~~~ Douglas Smith President Network Instruments, LLC v: (952) 358-3838 (direct) m: (952) 212-1212 f: (952) 358-3802 www.networkinstruments.com -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- Date: Mon, 09 Nov 2009 23:44:19 +0000 From: Adam Armstrong To: "Douglas M. Smith" Subject: Re: Observer Trademark violation (Without Prejudice) Firstly, a correction: a) Memetic is not an entity, it is merely a domain name. ObserverNMS is an Open Source project with no corporate affiliations. After a few moments of research it appears that : b) You do not own the "OBSERVER" mark in the EU, your registration was rejected. c) The "OBSERVER" word mark is owned in the UK by another organisation. Based on the last point alone, I'm going to rename ObserverNMS over the next few weeks, once I think of an appropriately awesome name. Kind Regards, Adam Armstrong -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- From: "Douglas M. Smith" To: "'adama@memetic.org'" CC: David Dzurilla Date: Thu, 8 Jul 2010 10:16:13 -0500 Subject: Observer Trademark violation Adam, In a previous email it was pointed out our European Community Registration for the Observer(r) mark was not intact, we have since rectified that sit uation. It has come to our attention that Memetic has a product using the trademar k OBSERVER (the product is listed as on the web site as "Observer" - see h ttp://www.observernms.org/). Please be informed that our company is owner of both a U.S. Registration ( No. 2,135,633 for OBSERVER) and a European Community Registration (No. 869 4011 for OBSERVER) and we have used it both in the United States and throu ghout Europe (Including the United Kingdom) since July 20th, 1994 in conju nction with computer software for troubleshooting and network problem reso lution on computer networks. We are concerned that Memetic's use of OBSERV ER may infringe on our rights under both US Federal and common law and Eur opean Trademark law and may be likely to cause confusion, mistake, or dece ption as to the source or origin of our products and/or services. In light of this we have no choice but to demand the Memetic's cease and desist all infringing use of the OBSERVER mark. However, I trust that Mem etic is as motivated as we are to avoid any confusion. I request that we b e contacted no later than July 23rd, 2010, confirming the discontinuance o f use of the OBSERVER name by Memetic. ~~~~~~~~~~~~~~~~~~~~~~~~ Douglas Smith President Network Instruments, LLC v: (952) 358-3838 (direct) m: (952) 212-1212 f: (952) 358-3802 www.networkinstruments.com -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- Date: Thu, 08 Jul 2010 16:17:06 +0100 From: Adam Armstrong To: "Douglas M. Smith" Subject: Re: Observer Trademark violation a) memetic is not an entity b) ObserverNMS is not Observer -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- From: "Douglas M. Smith" To: Adam Armstrong Date: Thu, 8 Jul 2010 10:25:02 -0500 Subject: RE: Observer Trademark violation Are you really going to make everyone spend money on lawyers based on an indefensible case? Douglas ~~~~~~~~~~~~~~~~~~~~~~~~ Douglas Smith Network Instruments, LLC v: (952)=A0358-3838 (direct) m: (952) 212-1212 f: (952) 358-3802 www.networkinstruments.com -----Original Message----- From: Adam Armstrong [mailto:adama@memetic.org]=20 Sent: Thursday, July 08, 2010 10:17 AM To: Douglas M. Smith Subject: Re: Observer Trademark violation a) memetic is not an entity b) ObserverNMS is not Observer -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- After this comes to emailed PDF at : Notice that they *still* seem to think that "memetic" is an entity... http://alpha.memetic.org/~adama/observer-tm.pdf