Feeds

Kazaa in German trademark punch-up

Mi Casa no es tu Kazaa

  • alert
  • submit to reddit

Security for virtualized datacentres

Sharman License Holdings, the company behind the controversial P2P utility and search engine Kazaa, can't use its trademark under the European Community Trademark (CTMR) system. A CTM is valid in all participating EU nations. Kazaa may even have to change its name in Germany.

FastTrack, the company that developed Kazaa and then sold its rights to Australian company Sharman already lost a trademark dispute against German company SpeedWare Software GmbH, which claims that in the German language the name Kazaa is phonetically similar to Casa, the trademark it uses for (database) search software.

FastTrack registered Kazaa back in 2000 with the Office for Harmonization in the Internal Market (Trade Marks and Designs), which registers community trademarks and community designs. SpeedWare Software GmbH (which now operates under the name of Nemetschek CREM Solutions) vigorously opposed against the trademark Kazaa, claiming that "a likelihood of confusion exists as the marks are phonetically the same and the goods/services are identical or similar".

Obviously, Sharman disagreed. The second syllable of Casa starts with the letter 's', while the mark applied for Kazaa contains the quite unusual letter 'z', Sharman argued. Moreover, the double letter 'a' is atypical in the German language. From a phonetic point of view, Casa is pronounced as the Spanish word 'casa', with the emphasis on the first syllable 'ca' and a soft and short sound for the second syllable. The Office for Harmonization in the Internal Market, however, came to the conclusion that the trade marks indeed are phonetically similar in the German language.

Now that FastTrack/Sharman has lost its appeal against the decision, the company may now have to reregister its brand name individually in each member state. More importantly, it can expect opposition from Nemetschek CREM Solutions in Germany. ®

Related stories

German fined 8000 for Kazaa uploads
Kazaa and co 'not cause of music biz woes', say Profs
Kazaa coder sues Sharman Networks

Providing a secure and efficient Helpdesk

More from The Register

next story
Facebook pays INFINITELY MORE UK corp tax than in 2012
Thanks for the £3k, Zuck. Doh! you're IN CREDIT. Guess not
Facebook, Apple: LADIES! Why not FREEZE your EGGS? It's on the company!
No biological clockwatching when you work in Silicon Valley
Happiness economics is bollocks. Oh, UK.gov just adopted it? Er ...
Opportunity doesn't knock; it costs us instead
Sysadmin with EBOLA? Gartner's issued advice to debug your biz
Start hoarding cleaning supplies, analyst firm says, and assume your team will scatter
YARR! Pirates walk the plank: DMCA magnets sink in Google results
Spaffing copyrighted stuff over the web? No search ranking for you
Don't bother telling people if you lose their data, say Euro bods
You read that right – with the proviso that it's encrypted
Apple SILENCES Bose, YANKS headphones from stores
The, er, Beats go on after noise-cancelling spat
prev story

Whitepapers

Cloud and hybrid-cloud data protection for VMware
Learn how quick and easy it is to configure backups and perform restores for VMware environments.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Three 1TB solid state scorchers up for grabs
Big SSDs can be expensive but think big and think free because you could be the lucky winner of one of three 1TB Samsung SSD 840 EVO drives that we’re giving away worth over £300 apiece.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.