On Tue, 2005-08-23 at 22:59 -0500, Mike McCarty wrote:
> I complete fail to understand your logic.
I noticed this. ;-> It appears your engineers/developers did too, and
too late if I might add.
> How can a company have a written agreement about its own source?
You didn't. You had a binding agreement on what IP usage of company B
was and was not appropriate, including its trademarks. Company B could
be completely oblivious of your uses of even your own source code or
other uses of their trademark, until they found out about it. That's
when there might be a problem.
> I don't know how to make it clear.
Of course not. In your mind, company A's source code had nothing to do
with company B's trademarks.
But company A had agreed, _in_writting_, not to misappropriate various
IP of company B. Most of these including not misappropriating
trademarks, even for internal-only usage.
> Company A and Company B had absolutely nothing to do with each other.
> Company A bought nothing from Company B.
> Company B bought nothing from Company A.
> Company A licensed nothing from Company B.
> Company B licensed nothing from Company A.
What did you mean by ... ???
"Company A did license the executable, for execution only on
proprietary hardware which it designed and manufactured."
> Perhaps this will help:
> Suppose you wrote some software, and called it SoftX in the
> comments in your source code. Suppose you sell SoftX, and
> use promotional literature using the term "SoftX".
> Later, without any relationship between us, (I in fact live
> in another country and know nothing about you) I trademark the
> term "SoftX" in my country, which has treaties with your country.
> Then I find out that you are using that term.
> I contact you, and instruct you that you are using my trademark,
> and insist that you cease and desist forthwith.
> THAT is what happened.
Wait, are you saying "company A" _did_ sell the software, with
promotional literature using the trademark, to the public?
I can't follow your comments at all. Please use your A, B, C?, D?
nomenclature in more detail.
> P.S. I worked in Telecomm, where the license agreement for our
> software was $6,000,000.00 USD.
Oh, you definitely had a licensing agreement that forbid
misappropriation of trademarks. ;->
But I'm still confused here.
--
Bryan J. Smith b.j.smith@xxxxxxxx http://thebs413.blogspot.com
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