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November 30, 2004

Sun sues little guy over "Java"

Sun Microsystems is normally seen as one of those tough little guys, trying valiantly to fend off global domination by corporate giant Microsoft.

However, in More on the legal proceedings of Sun vs. JavaGeeks.com Ted Neward puts online correspondence between himself, and Sun's team of lawyers - who are claiming trademark infringement because:

1. His domain contains the word "Java"
2. His website discusses Java issues

As described in the legal papers being served against him:

We understand that Javageeks.com is not a formal business entity; however, the trademark law is concerned with the use of confusingly similar terms in connection with the distribution or advertising of any goods or services, regardless of whether those goods or services generate revenues, and regardless of whether they are used by "formal" business entities.
Your forum constitutes a "service," because, among other things, it provides a place where users can discuss the Java technology, as well as access to white papers and other materials discussing the Java(tm) technology.

...

We must advise you that your use of JavaGeeks as the name of your forum and prominently on your web site, as well as to register the javageeks.com domain name, could cause consumers to be confused as to the sponsorship or origin of your forum.

Whatever happens here, Sun may wish to take a step back and think very carefully about all this from a Public Relations point of view - at the very least.

Namely, that surely a company like Sun Microsystems would benefit much better from encouraging support from the internet community - rather than chasing geeks into court for discussing a "trademark" name that isn't exactly original anyway.

Oscar Wilde once famously remarked: "The only thing worse that being talked about, is not being talked about". If Sun would rather than internet not talk about Sun and Java, I should expect that soon the finance markets would follow suit...

ADDENDUM: Ironically, also in the news today is that the popular blog currently using "moregoogle.com" has been instructed to sign the domain name to Google - and Yahoo! has also filed for a large list of domain names it considers to be infringing upon it's trademark to be removed or signed over to its own administration.

In both instances, the domain names often contain a clear association with a company brand name that it clearly unique. I have difficulty seeing the same argument being made with regards to the case of Sun vs Ted Neward. Somehow it would seem like Google taking action over domains that contain the keyword/phrases "algorithm", "pr", or even "search".

Posted by brian_turner at November 30, 2004 10:01 AM

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November 30, 2004

Sun sues little guy over "Java"

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