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Posted to dev@lucy.apache.org by "Marvin Humphrey (JIRA)" <ji...@apache.org> on 2010/07/27 01:09:18 UTC
[jira] Commented: (LUCY-121) Check project name issues
[ https://issues.apache.org/jira/browse/LUCY-121?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=12892532#action_12892532 ]
Marvin Humphrey commented on LUCY-121:
--------------------------------------
On July 26, I performed a USPTO search for "lucy" using the Trademark
Electronic Search System (TESS) "new user interface". There were 373 matches,
38 of which for "LUCY", and the rest of which were for phrases such as "JUICY
LUCY" or variants such as "LUCI" or "LUCY'S". I went through all of the hits
for the exact match "LUCY" individually. I also spot checked a few others.
----
17 trademarks for "LUCY" were filed by Lucy Activewear, Inc, which also owns
"LUCY.COM". "LUCY TECH", and "LUCY FLEX":
78937433, 78948291, 78948285, 78937435, 78937430, 78907082, 78303736, 77887653,
77075266, 77014663, 76176669, 76007868, 76176367, 76176374, 76176366, 75758762,
75758937
Some of these are dead and some are live. All had a "G & S" (Goods &
Services) field relating to clothing, retail, and sporting goods, and thus
pose no conflict.
----
Most of the others also pose no conflict because they are not related to
software.
Sigma-Aldrich Biotechnology holds 78657949 for "LUCY":
bq. G & S: fluorescent brightening agents, dyes and stains for laboratory, chemical, biochemical and research use.
Healthy Pets, Inc owns 78139362 for "LUCY":
bq. G & S: Pet feeding dishes for dogs comprised of plastic. FIRST USE: 20020522. FIRST USE IN COMMERCE: 20030409
Brenda F La Paglia abandoned 77695442 for "LUCY":
bq. G & S: A series of books and written articles in the field of children, dogs
Lucy Enterprises, LLC owns 77879951 for "LUCY":
bq. G & S: Cleaning pads
Comedy Works, LLC owns 77363529 for "LUCY":
bq. G & S: Catering; Restaurant and bar services; Providing banquet and social function facilities for special occasions. FIRST USE: 20081006. FIRST USE IN COMMERCE: 20081006
Sons of Bacchus, LLC owns 77156689 for "LUCY":
bq. G & S: wine. FIRST USE: 20060330. FIRST USE IN COMMERCE: 20060330
XM Satellite Radio owns 76572626 for "LUCY":
bq. G & S: ENTERTAINMENT SERVICES, NAMELY, PROVIDING AUDIO PROGRAMS FEATURING MUSIC, TALK, NEWS AND DATA VIA SATELLITE AND VIA A GLOBAL COMMUNICATION NETWORK. FIRST USE: 20040107. FIRST USE IN COMMERCE: 20040107
University City District Non-profit Corporation Pennsylvania 3940-42 owns
76418032 for "LUCY":
bq. G & S: transportation of passengers by bus. FIRST USE: 19990712. FIRST USE IN COMMERCE: 19990712
Steelcase Development, Inc used to own 76099623 for "LUCY", but it was
cancelled on December 13, 2008:
bq. G & S: OFFICE FURNITURE. FIRST USE: 20000600. FIRST USE IN COMMERCE: 20000600
MWR Holdings, LLC abandoned 76518106 for "LUCY":
bq. G & S: image used on educational materials at a child care center
Erco Leuchten GMBH owns 75865742 for "LUCY":
bq. G & S: ELECTRIC LIGHTING FIXTURES AND ELECTRIC LIGHTING FIXTURE SYSTEMS COMPRISING BASES, SOCKETS, SOCKET HOLDERS AND COVERS SOLD TOGETHER. FIRST USE: 19960101. FIRST USE IN COMMERCE: 19981231
Dave Grossman Creations, Inc abandoned 75562336 for "LUCY":
bq. G & S: Chocolate novelty candy
Sandstrom Trade and Technology, Inc owned 75398269 for "LUCY" but it was
cancelled on June 5, 2010:
bq. G & S: Medical device, namely, quality assurance phantom for use in radiology, radiation therapy, stereotactic radiosurgy and medical imaging. FIRST USE: 19960402. FIRST USE IN COMMERCE: 19961130
United Feature Syndicate, Inc. owns 75356874 for "LUCY":
bq. G & S: toys, namely, dolls. FIRST USE: 19631000. FIRST USE IN COMMERCE: 19631000
United Feature Syndicate, Inc. abandoned 74719643 for "LUCY":
bq. (ABANDONED) IC 025. US 022 039. G & S: footwear
Mattel, Inc abandoned 74688807 for "LUCY":
bq. (ABANDONED) IC 028. US 022 023 038 050. G & S: toddler dolls and accessories therefor
----
There are a number of trademarks with G & S relating to software. However,
their niches are clearly not search related, and thus I believe that they are
not similar products and pose no conflict.
Startly Technologies owns 78337591 for "TRANS LUCY".
bq. G & S: Computer software applications for viewing still and moving images, movies, closed circuit and broadcast television, and recorded media on a screen above other device interfaces, or simultaneously with the operation of other functions. FIRST USE: 20040106. FIRST USE IN COMMERCE: 20040106
PlayGr8, LLC owns 77879951 for "LUCY LOB":
bq. G & S: online video tennis instruction; providing news and information in the field of tennis. FIRST USE: 20090615. FIRST USE IN COMMERCE: 20090615
Cynergy Data, LLC owns 77363529 for "LUCY":
bq. G & S: Non-cash transaction processing services, namely, credit card processing, debit card processing, electronic benefits transfer card processing; processing electronic payment transactions through pre-paid gift cards; automated clearing house services; check processing; financial management, namely, management of recurring payments; check verification services. FIRST USE: 20080101. FIRST USE IN COMMERCE: 20080101
Cynergy Data also owns 77397821 for "LUCY GATEWAY":
bq. G & S: Non-cash transaction processing services, namely, credit card processing, debit card processing, electronic benefits transfer card processing; processing electronic payment transactions through pre-paid gift cards; automated clearing house services; check processing; financial management, namely, management of recurring payments; check verification services. FIRST USE: 20080101. FIRST USE IN COMMERCE: 20080101
Barnes Wentworth, Inc once owned 75368259 for "LUCI", but it was cancelled on
March 24, 2007:
bq. G & S: computer hardware in the nature of connectivity interface for voice, video, data and transmission over a global computer network, to be utilized in apartment buildings and residential communities. FIRST USE: 20000202. FIRST USE IN COMMERCE: 20000202
Credit Suisse First Boston owns 76244766 for "LUCI"...
bq. IC 009. US 021 023 026 036 038. G & S: Computer software for the financial industry that provides information about financial markets, market trends and securities to enable consumers to evaluate investments, market trends, and the performance of securities and to create reports from such data. FIRST USE: 20010319. FIRST USE IN COMMERCE: 20010319
... and also 76244765 for "LUCI WORKBENCH":
bq. G & S: Providing use of nondownloadable software for providing information about financial markets, market trends, and securities and enable consumers to evaluate investments, market trends, and the performance of securities and to create reports from such data. FIRST USE: 20010319. FIRST USE IN COMMERCE: 20010319
----
There are three records which are either unclear or may be tangentially
related to search.
Mehl, Griffin & Bartek Ltd. filed for 78547594 for "LUCY" on January 14, 2005;
it was abandoned on September 13, 2007.
bq. (ABANDONED) IC 009. US 021 023 026 036 038. G & S: Computer software to seek, collect, and display graphically information exchanged on the Internet or on networks, namely computer software in the field of data monitoring and tracking and detection used to monitor, analyze, and report on computer network and access
bq. (ABANDONED) IC 042. US 100 101. G & S: Computer consultation services, namely monitoring, analyzing, and reporting on computer network traffic and the data transmitted on such networks
Epic Systems Corporation owns 77157778 for "LUCY":
bq. G & S: Computer software for use in medical and healthcare fields, namely, computer software for managing, acquiring, storing, analyzing, maintaining, processing, structuring, reviewing, building, editing, distributing, communicating, organizing, sharing, referencing, monitoring and integrating information, and accompanying manuals sold as a unit; computer software for automating clinical and administrative healthcare processes. FIRST USE: 20070324. FIRST USE IN COMMERCE: 20090320
It may be that because this mark is limited to "Computer software for use in
medical and healthcare fields", there is no conflict, but still, this is
worthy of further investigation. It may be worth noting that Epic did not
file for this mark until April 16, 2007 -- well after Apache Lucy's
establishment as a Lucene sub-project.
Zajtra Incorporated abandoned 74564837 for "LUCY"...
bq. (ABANDONED) IC 009. US 021 023 026 036 038. G & S: data conversion software. FIRST USE: 19970218. FIRST USE IN COMMERCE: 19970218
... then aquired 75474070 for "LUCY", but it was cancelled on March 18, 2006:
bq. G & S: DATA CONVERSION SOFTWARE. FIRST USE: 19980300. FIRST USE IN COMMERCE: 19980300
Since "Data Conversion Software" is not clear, this record is worth further
investigation.
----
Conclusion: The USPTO search for "LUCY" did not turn up strong evidence of
direct conflicts, but there are three records worthy of further investigation. However,
since IANAL, we may wish to have someone more expert review this work.
> Check project name issues
> -------------------------
>
> Key: LUCY-121
> URL: https://issues.apache.org/jira/browse/LUCY-121
> Project: Lucy
> Issue Type: Task
> Components: Other
> Reporter: Marvin Humphrey
> Assignee: Marvin Humphrey
>
> The incubation checklist contains the following line item:
> * Make sure that the requested project name does not already exist and check
> www.nameprotect.com to be sure that the name is not already trademarked
> for an existing software product.
> This is out of date because nameprotect.com no longer offers free searches, but
> there is guidance at [http://www.apache.org/dev/project-names.html].
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