OT: Trademark misuse

Roman · 2007-05-24T02:42:44+00:00

Hello all,this may seem off topic, but embedded engineers these days come toexperience trademark or patent related problems here and there.I run a small electronic parts web-store and have a supplemental servicefor my customers to purchase items from one of major electronicdistributors through me saving them S/H on small orders.The letter came from a distributor lawyer claiming a trademark misuseand information scraping (as script on my website reads some informationfrom the distributor's such as availability and pricing).Beside the fact that I am flattered they hired a lawyer to deal withthis, I would appreciate if someone who had former experience withsimilar problem would share it here. I would like to comply with theirrequest but there is no way for me to identify their products withoutusing their trademark. I even found some mention on "nominative use",which may fit this situation.I will appreciate any opinion or experience. Thanks Roman

May 24, 2007 46 Replies

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Ulf Samuelsson 19 years ago

Please do not interpret my comments as Atmels view on how to do things. You asked me for an official Atmel opinion, and I told you that the only ones that can provide you with an official Atmel opinion is the Atmel legal department.

That does not mean that I think that you should not keep on doing what you are doing. I am well aware of several companies in my region which are reselling Atmel silicon, and I do not mind that. Typically they are working together with an official Atmel distributor which sees this as a way of doing increased business, and a way to avoid having to deal with companies buying in twos and threes.

Roman is not working with the official distributor and is still using their name, and that is causing them concern.

Best Regards, Ulf Samuelsson This is intended to be my personal opinion which may, or may not be shared by my employer Atmel Nordic AB

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Don McKenzie 19 years ago

In my case, I went to Atmel first, and they secured a better deal for me with a local distibutor. The idea being to sell more Atmel devices.

Agreed, he needs to speak with Digikey directly. If he approaches them correctly, with a sound argument, he may also benefit.

Don...

Don McKenzie Site Map: http://www.dontronics.com/sitemap E-Mail Contact Page: http://www.dontronics.com/email No More Damn Spam: http://www.wizard-of-oz.com USB Flash Drive interface for existing products. http://www.dontronics-shop.com/product.php?productid=16654

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Roman 19 years ago

I am identifying the source.

Do you think every mom and pop computer shop has an agreement with Microsoft to use their trademark when peddling Microsoft software?

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Roman

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CBFalconer 19 years ago

... snip about Atmel trademark usage ...

I don't see what the fuss is about. It should be illegal/improper to sell non Atmel/Microsoft stuff as being originated by them, but not to resell their actual product.

cbfalconer at maineline dot net

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Steve at fivetrees 19 years ago

Er, that's not the issue under discussion. The question is the chain of supply.

Steve

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Roman 19 years ago

Well, I decided to spend those $300 and get this straightened up. I already talked to my potential lawyer and he says that generally reselling is not an issue, only problem can be if deep-pockets corporation decides to bully, then it can get expensive.

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Ulf Samuelsson 19 years ago

Please note that there is noone in Atmel (including me) that has requested Roman to stop any activities to resell Atmel product. This is purely between Roman and the distributor.

Again, read signature....

Best Regards, Ulf Samuelsson This is intended to be my personal opinion which may, or may not be shared by my employer Atmel Nordic AB

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