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IANAL, but StickMan(tm) probably won't be able to claim a trademark on StickMan in the context of software. Trademarks generally require being the first to use
by jowiar 11y ago
IANAL, but StickMan(tm) probably won't be able to claim a trademark on StickMan in the context of software. Trademarks generally require being the first to use a name within a specific market. See the assorted Apple Computer vs. Apple Records suits that happened once Apple Computer entered the music business. It was perfectly kosher for there to be "Apple Records" and "Apple Computer", but once "Apple Computer" started selling music, they were violating Apple Records' trademark.
The reason kik was an issue isn't just that "Kik" is a trademark. It's that "Kik" is a trademark referring to a piece of software.
- orik 11y agoreplace stickman with Kik and the problem still exists.
- jsprogrammer 11y ago"Kik" is not just a trademark referring to a piece of software. It refers to a very specific type of software. KIK Interactive, Inc. has described it in many words, but they are all somewhat similar to: >Computer software for use with mobile devices, namely, computers, personal digital assistants (PDAs) and mobile phones for downloading, displaying, transmitting, receiving, editing, extracting, encoding, decoding, playing, storing and organizing text, sound, images, audio files and video files The `kik` package was software that was used with other devices for other purposes. KIK Interactive hasn't even been able to produce a specific Trademark that the `kik` package would have infringed upon.