The Blog of Ben Rockwood

SPARC International Man Handles SparkFun Electronics

23 Oct '09 - 17:51 by benr

Little hobby electronics company SparkFun Electronics just got a cease-and-decist from SPARC International because "SparkFun" may be confused by consumers as being associated with the SPARC trademarks.

Come on guys.... lets be level headed. I think its a clever branding and they are in no way confused with SPARC processors or any of the companies that are members of SI.

- - C O M M E N T S - -
This is unfortunate. Surely anyone who is in SPARC’s market would know the difference between the two, and anyone in SparkFun’s market would also know the difference. Doesn’t Sun have bigger things to worry about? Absurd.

John (Email) - 24 October '09 - 00:18

Yup. Definitely dumb.

Dave - 24 October '09 - 06:11

Ahem, if I knew any of the higher-ups at said company, I’d ask them to fire these lawyers for this one. Clearly fishing for billable hours.

Fred (Email) (URL) - 24 October '09 - 14:41

Nothing to do with Sun – SPARC International is an independent trade association.

Simon Phipps (Email) - 24 October '09 - 17:10

It was a “spark” of genius from some lawyer, I agree..

Steve Radich (Email) (URL) - 24 October '09 - 19:28

Trademark Trolling means we’re circling the drain

Just like urban areas have to deal with a problem called urban blight,
we are seeing that Silicon Valley is dealing, or rather in this case
creating a problem called Silicon Blight.

SPARC International and by association, SUN Microsystems are attacking their future by embroiling a source (SparkFun Electronics) for electronics components and educational information for our future
electronics technicians, engineers, firmware programmers and robotics specialists.

The spurious attempt by SPARC International to fraudulently steal
SparkFun Electronics domain name sends the message to these future
workers that we are living in the United States of America, the land of
NO OPPORTUNITY, NO FUTURE, and NO JUSTICE. You are sending the message that the best route to getting tech jobs would be to find an H1B Visa holder, get very friendly and attempt to emigrate for a tech internship overseas.

sean - 24 October '09 - 20:10

Unfortunately, one of the things with trademarks is you have to defend them even if it makes you look silly. If they didn’t do this, the next time someone did try to steal their trademark, that company might be able to use this to defend themselves and show that the trademark was not being properly defended.

It sucks, but blame the US legal system not SPARC International.

Paul (Email) - 25 October '09 - 12:23

For those who aren’t clear on this:

SPARC International != Sun Microsystems

Che (URL) - 26 October '09 - 00:32

> Unfortunately, one of the things with trademarks is you have to defend them

What does that have to do with SparkFun? “Defending” presupposes that you are being attacked. If SPARC wanted the SPARK trademark they should have applied for it.

rox0r (Email) - 26 October '09 - 01:30

Ya Paul, I’m afraid rox0r is right… SI can’t sue everyone with Spark in their brand… its a common use word. If the company was SparcFun they’d have a case and I’d agree with SI.

I think if this went to court SI would loose… sadly, the costs of the suit would likely bankrupt SparkFun.

benr - 26 October '09 - 05:42

On the contrary, Ben, SI 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 in a category where a similar trademark was already filed. SI 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?si..]]

SparkFun are foolish to mount a public campaign, and deceitful to imply that Sun is in any way involved. I started out on their side but now I’ve seen all the facts I have very little sympathy.

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