Question about "Windows" trademark in software

[FlyingRon]

If Apple were selling fruit or something made out of them, it would be a weak mark. As it applies to computers, it's fanciful. Still even Apple had fun with trademarks. There was already Apple records and Macintosh Stereo equipment, both of which they reached an agreement with.

Often, if the areas are close but logically separate, there one can work out an agreement. Years ago my company had a product named Xcalibur (not my idea, I hated it) for doing image processing (medical and defense). There turned out to be another company with a trademark of Excaliber that did document imaging. After some initial cease-and-desist letters, we decided we'd just live with our marks and if someone came by looking for a document imaging system we'd refer them to the other guys and vice versa.

Needless to say our successor company ran into problems with the name of Sensor Systems as it turns out there are a few of those around the world. The only one that was the least bit confusing is the one that sells GPS antennas in California. I just refer any requiests for GPS information to the "other" Sensor Systems. Amusingly, as VP of Sensor Systems (Virginia Corporation) I ran into the VP of Sensor Systems (California Corporation) at an aviation event (fundraiser for the Smithsonian).

 

[quincy]

If Apple were selling fruit or something made out of them, it would be a weak mark. As it applies to computers, it's fanciful. Still even Apple had fun with trademarks. There was already Apple records and Macintosh Stereo equipment, both of which they reached an agreement with.

Often, if the areas are close but logically separate, there one can work out an agreement. Years ago my company had a product named Xcalibur (not my idea, I hated it) for doing image processing (medical and defense). There turned out to be another company with a trademark of Excaliber that did document imaging. After some initial cease-and-desist letters, we decided we'd just live with our marks and if someone came by looking for a document imaging system we'd refer them to the other guys and vice versa.

Needless to say our successor company ran into problems with the name of Sensor Systems as it turns out there are a few of those around the world. The only one that was the least bit confusing is the one that sells GPS antennas in California. I just refer any requiests for GPS information to the "other" Sensor Systems. Amusingly, as VP of Sensor Systems (Virginia Corporation) I ran into the VP of Sensor Systems (California Corporation) at an aviation event (fundraiser for the Smithsonian).

Whether the same or similar mark will run into trademark issues is dependent on any consumer confusion generated but trademark issues are also often dependent on the holders of the marks and how litigious they are. I think you were lucky to be able to work out with Excaliber a way to keep your Xcalibur name.

I know of many companies that have been able to peacefully co-exist even though they share a name. These companies generally cater to more-sophisticated consumers who are unlikely to confuse one company and its goods/services for that of the other.

I still prefer those companies who take (what could be seek as) an initial risk by creating a unique name for their goods/services. Although this can mean there will be greater promotional/advertising costs at the start, the unique trademarks generally serve these companies well in the long term.