Fwd: Problem with "globalsolve:true"



---------- Forwarded message ----------
From: Stavros Macrakis <macrakis at alum.mit.edu>
Date: Sat, Aug 16, 2008 at 9:52 PM
Subject: Re: [Maxima] Problem with "globalsolve:true"
To: "Kevin H. Pollard" <khpollard at cox.net>


Dear Sir,

Thank you for your notice.  I do not represent the Maxima project in any
way, but do participate in its work as a volunteer contributor. I am also
not a lawyer.

If you review the facts of the matter and apply the eight-factor test
enunciated in AMF, Inc. v. Sleekcraft Boats, 599 F.2d 341, 348-49 (9th
Cir.1979), I believe you will find that there is in fact no likelihood of
confusion between Maxima's feature called globalsolve and your company's
name.

If in fact there is a likelihood of confusion, then you might want to
consider that the Macsyma and Maxima projects have been using the term
"globalsolve" continuously and publically since the 1970's, which if I am
not mistaken, substantially antedates your company's use of the term. You
may wish to investigate the implications of this for your own trademark if
in fact there is a likelihood of confusion.

Sincerely,

            -s

Stavros Macrakis, PhD



On Sat, Aug 16, 2008 at 11:47 AM, Kevin H. Pollard <khpollard at cox.net>wrote:

>   Sir,
>
>
>
> Please be advised that the name "GlobalSolve" is a registered trademark and
> you are not authorized to use it.  Please cease and desist using it.
>
>
>
> Thank you,
>
>
>
> Kevin
>
> ________________________________________________
>
> Kevin H. Pollard - Managing Partner and President
>
> GlobalSolve Management Services, LLC
>
> CONTACT
>
>                 [O] +1 (504) 834-7889
>
>                 [M] +1 (303) 594-4300
>
>                 [F]  +1 (512) 597-8561
>
>                 [E]  khpollard at globalsolve.com
>
> [image: cid:top at 413b5c6093be7d9e535728fa6846da20]<http://www.globalsolve.com/>;
>
> SHIP
>
>                 114 Mulberry Drive
>
>                 Metairie LA 70005
>
> MAIL
>
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>
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>
> WEBSITE
>
>                 http://www.GlobalSolve.com
>
> ________________________________________________
>
> Aligning profitable growth strategy with execution.
>
>
>
> GlobalSolve Management Services develops and executes a broad range of
> international business development strategy, marketing and
> execution services for a diversified international client base that place a
> high value on accelerated access to new markets.
>
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