Re: Advice on project name change request
Matteo Vescovi <matteo.vescovi@yahoo.co.uk> writes:
> Recently, I received an email from a software company called Applied
> Human Factors [3], who have been selling an application called
> "Soothsayer Word Prediction" for the past 12 years.
>
> They kindly and respectfully requested that I change the name of my
> soothsayer project, so that it is not confused with their
> "Soothsayer Word Prediction" product.
>
> I understand their concern and I find their request very reasonable.
Agreed. This is exactly the sort of same-field name confusion that
trademark law is intended to prevent. It's good that you're being
approached amicably.
> I intend to comply with their request and change my project's name,
> despite the fact that the soothsayer name had begun to receive some
> attention [4].
>
> I would like some advice on the following items:
> - how different should the new name be?
Different enough that a reasonable person won't be misled into
confusing the two products by their names.
Hard definitions of where the line falls on "reasonable" and "confuse"
can only be had by expert legal advice, which I strongly encourage you
to seek.
> - what is the best way to ensure that users looking for soothsayer
> project will easily find the new project name and that the publicity
> (such as the review on Linux.com [4]) that soothsayer received will
> not be wasted?
I would advise: Keep the web domain you have (if any), and change all
material to make it clear that there are two products, and provide
clear links to both of them.
> - how should this name change be handled in the BTS? Should I
> retitle the ITP? Or close it and open a new one?
I don't have an answer on this one.
> Finally, how strong a case do Applied Human Factors have here?
(Presumably you're asking whether, if they were to sue for trademark
infringement, they would have a strong case.)
I would find it confusing, and I consider myself a reasonable person
:-)
--
\ “I was in the grocery store. I saw a sign that said ‘pet |
`\ supplies’. So I did. Then I went outside and saw a sign that |
_o__) said ‘compact cars’.” —Steven Wright |
Ben Finney
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