Dear all,
I am develloping since 2003 a open source software called Dspace wich is totally different than yours (it's a tiny tiny tool running on Windows showing disks spaces).
Recently, (9 years after 2003!) a compagny called dSPACE digital signal processing and control engineering Gmb
requested me to change the name of my software before september 30 or I will have to pay 10 000 EUROS fine !
They registered the band DSPACE with the trademark number 002941557 (they asked the registration before 2003, but it was effective after 2003). they also own the European brandEmbedded Success dSPACEwith the trademark number 00735451.
I would like to know If you already get troubles with this compagny which want to look like "Micro$oft", and If you have and advice for me, since it's a direct attack of open source software community !Thanks for your help !
Matthieu Weber
1 Comment
Valorie Hollister
Hi Matthieu -
I'm sorry to hear of your troubles.
To my knowledge we have never had any discussions or conflicts with dSPACE.com. It may be that because we are trademarked in the USA that they are not as motivated in making the distinction between their dSPACE and our DSpace.
That said, we have had some experience in the trademark / naming issue. Unfortunately in the USA, we found that it is very challenging to win when the other side has liberal access to attorneys, no matter how early you started using the name. I know nothing about EU trademark issues. It would certainly seem that if you trademarked before them yours should take legal precedence. But if you do not have a way to legally and formally address their complaint I don't know what that's worth.
I would highly recommend that if you cannot find some EU legal advice that you try to negotiate with dSPACE yourself. If it comes down to it, perhaps a simple addition to your name, like "Dspace Disk" may satisfy them.
Good luck -
-Valorie