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Friday, January 11, 2002
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Roxio send a legal letter to the Poikosoft (author of Easy CDDA Extractor) to change the part of the name that includes the words "Easy CD"...
As Roxio says in the letter send to author of Easy CDDA Extractor "...Roxio owns the trademark Easy CD Creator for computer software to record and create CDs and user manuals sold therewith as a unit. Roxio's use of the trademark ,Easy CD Creator, for the use described is exclusive - meaning no other person or company can offer a similar product using a confusingly similar mark.
Through the www.polkosoft.com website, you are offering for sale CD-Recording software which permits users to create music, data, and video CDs's. Here, you state that CD Extractor is the "most complete CD ripping solution available". Additionally, we have learned that you are offering downloads of your products through sites such zd.net and cnet.com. It apears that the CD Extractor software is designed to perform the same functions as Roxio's Easy CD Creator.
We don't know wheter your use of the word "Easy CD" as part of the name of this product was intentional. Frankly, at this point and so long as you change that name immediately we do not care. However, we find it curious, to say at least, that you would choose to use the word "Easy CD" as part of the name of a product that does essentially the same thing as Roxio's popular Easy CD Creator software.
As the owner of a trademark, Roxio has an obligation to police and stop any infringing use by any junior user. Your use of "Easy CD" as part of a product name is likely to cause confusion among potential purchasers of Roxio's software. We don't need to show actual confusion, only the likelihood of confusion, to stop this infringing use..." |
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