Am I violating their Trademark??

[netpro]

What is the name of your state?What is the name of your state? I'm from europe, but they are from us.. I think..


I everybody!

I would just like to get some thoughts on this one;

I have this software named 'kazza'.

Now, the company behind the p2p aplication "KaZaA" are telling me that I am not allowed to use "kazza" as the name of my software:

This violates xxxxxxx's trademarks in the term "kazaa," and likely constitutes false advertising

What do you think?
Am I really violating their TM?

Thanks a lot!!

 

[davezan]

Theoretically you are because people might confuse you with kazaa, more so
since both you and kazaa use software. But some things to consider:

1. The spelling of both words are obviously different.
2. Kazaa's software is P2P. If your software does the same or similar to theirs,
it can pose problems.
3. It depends on Kazaa's ability to enforce their trademark in your location
since both you and they are in different countries.

Ironically Kazaa themselves are facing copyright infringement issues.

One of the users here, divgradcurl, can shed better light on this.

 

[netpro]

Hi again!

So basically, it's not an obvious case of Trademark Infringement..


The problem for us is that they have sent letters to all sites distributing our software which told me that I have "solve" the issue with kazaa, and until then they will keep the software offline.

I can't "solve" this with them since they will never allow me to use the name, so basically I have to write some sort of letter to the distributing sites saying that I have proof on that this is not Trademark Infringement - will I have to hire a lawyer to do this?


Thank a lot for you response!!

Thanks!