§ ¶Update on "word mark" issue in Germany
Thank you for all the support that you have given regarding the "word mark" issue in Germany. I apologize for the lack of public response up to this point, but I did not want to say too much before confirming that it would not hurt my case.
To be clear, I have not received a warning letter from Mr. Kliemen, since I and my web site are based in the United States. However, many of my users in Germany have, and the registration is sufficiently worrying that I have been in contact with an attorney in Germany regarding this issue, from the firm Kaufmann & Stumpf. She is sending a warning letter to Mr. Kliemen on my behalf, asking him to voluntarily cancel or cede the registration; if that does not work, I will explore further steps. This will take time, but it is important to get this right.
As others have noticed, the publishing firm Heise, which publishes the well-known magazine "c't," has an article online in German about the issue: http://www.heise.de/newsticker/meldung/77006.
I have not stopped working on VirtualDub over this issue, nor do I have an intention of doing so. If I have to, I will rename the program and the website to avoid international problems. However, I believe that I have priority over the name, and intend to fight this "word mark." I will post further updates when they become available.
Comments
Comments posted:
I sure hope everything zill end as you expect.
As a bonus, if you could find a way to make this despicable person pay a HUGE fee as compensation, I would feel the world is becoming a better place.
ParkerLewis - 22 08 06 - 11:06
I bet that guy never counted on the internet community being so annoyed at him hehehe
SonOfAdam - 22 08 06 - 11:25
>If I have to, I will rename the program and the website to avoid international problems.
don’t think about that option – this guy (Mr. Kliemen) will not bee the winner ;-)
he just slipped through some paper-shufflers desks, but the last word is still to speak…
TwoOfThree - 22 08 06 - 16:33
Best of luck with your fight. I totally understand what you're saying re: renaming the program and the website. Justice is very very expensive. You have to know when to fold them.
Ron - 23 08 06 - 23:08
I think it's disgusting at how someone can think that they should get free money for doing no work other then filing a Trademark for something that they don't own.
In the UK you would have no trouble with this as it would probably be classed as fraud. (Not 100% on that but probably.)
Hope that your solicitor is doing this Pro Bono or for a share of the damages. :-)
Annoyed - 24 08 06 - 07:25
No matter VirtualDib or VirtualDab, several months later someone will try to register it somewhere and ask for cash.
johnsonlam - 25 08 06 - 02:11
Hi Avery,
It is REALLY disappointing that you are forced to pursue this matter legally out of your own pocket. IF it looks like becoming an expensive proposition, please advise us end users here. I'm sure we can help finance a 'fighting fund' to ensure this crook isn't allowed to profit by his mis-deeds !
All the best from Australia.
Calvin.
Calvin - 28 08 06 - 05:02
“Der auf Markenrecht spezialisierte Rechtsanwalt Martin Jaschinski aus der Berliner Kanzlei JBB Rechtsanwälte sagte auf Anfrage von heise online, es spreche einiges dafür, dass es sich hier um eine so genannte “böswillige Markenanmeldung” handle. Deshalb könne jedermann mit Aussicht auf Erfolg beim DPMA einen Antrag auf Löschung der Wortmarke aus dem DPMA-Register stellen. Zudem genieße der Hersteller der Software “Virtual Dub” aller Voraussicht nach für den Softwarenamen auch in Deutschland einen so genannten “Werktitelschutz”, der älter und damit höher priorisiert sei. Treffe dies zu, sei eine vom Hersteller gewollte Verlinkung auf dessen Website unproblematisch.”
This is a part of the heise.de text which says the following (sorry for the bad translation):
“The to trademark rights specialised lawyer Martin Jaschinski from the Berlin chancellery JBB Rechtsanwälte says on heise onlines request that this is called a “malicious trademark registration”. Therefor everybody could make an application for deleting this word mark from the DPMA register (this is the government agency) with chance for success.
Furthermore the inventor of the software “Virtual Dub” enjoys a so called “Werktitelschutz” (work title protection) on the software name which has a higher priority. If this is true, linking to VirtualDub is unproblematic.”
I agree with the lawyers opinion although i’m not a lawyer myself, but my girlfriend is ;)
DarsVaeda - 30 08 06 - 12:44
Dear Avery,
Ridiculous. One word says it all.
If you need some money, please let me (us) know.
Thanks again for all your work on VirtualDub!
Regards,
Roger
Roger - 31 08 06 - 06:00
If you need any money I am sure there will be a lot of people to donate, including myself. Count on us dude.
Mastermnd - 02 09 06 - 04:57
I'm surprised that the reviewers of the application were unable to recognize "VirtualDub". Even though their organization is in Germany, anyone who uses movie software would have come across it.
The degree of knowledge shown is not impressive.
Philidor - 03 09 06 - 18:57
Hi Avery,
you may be pleased that the German Patents and Trademark Office has started the procedures for deletion of the mark. As it now says in the entry "VirtualDub":
UG60 - Löschungen, Teillöschungen
(Teil-)Löschungsverfahren Antrag Dritter
Rechtsgrund: Löschung nach §50 Abs. 3 - von Amts wegen
§50 Antrag veröffentlicht
Translation:
UG60 - deletion, deletion in part
deletion (in part) procedure motioned for by third party
cause: deletion according to §50(3) - ex officio
§50 motion published
§50(3) basically states that any mark can be deleted ex officio if one of the reasons in §8(2),4-10 was applicable at the time of registration and still is in effect when the motion is brought forward (up to 2 years after the original filing). §8(2),10 is about "malicious filing of a mark".
I hope this will take care of the problem.
(disclaimer: IANAL, I only work for one)
Best regards,
Jürgen
Jürgen - 04 09 06 - 08:39
