Palm Changes Mind on Trademark Crackdown

Didn't Palm already win a fight with Microsoft over this? If I remember correctly, one of the first generations of WinCE was called Palmtops by Microsoft and Palm sued to make them change it to something else. Sorry I can't remember all the details.

If they allowed the competition to use their name over the course of years, I could see your point. This is why they needed to stop Microsoft from using the term "Palm sized." If all PDA companies were allowed to use Palm to describe their devices your point would be correct.

To make my point lets talk about another kind of "Fan site." Look at music. There must be a zillion "Backstreet Boys" fan sites right. Now if I try to get five talentless pretty girls together and call them "Backstreet Babes" could I do this? As my "counsel" would you recommend I do this? Has the record label or whoever owns the name lost ownership of the name "Backstreet" because some 16 yeart old kid in Iowa has a "Backstreetbelievers.com" website? What about 50 or more such websites.

Now If I did create a Backstreet babes, Someone else creates Backstreet Bros, next thing you know there are 10 different Backstreet groups. The record company ignores this. At some point "Backstreet" becomes generic for any young pop group. THEN it is possible that all rights to the term are lost to the original owner.

But fan sites use alone cannot cause this. "You may say "You are no lawyer" which is correct.

But Counselor why dont you and I put together the "BackstreetBabes" and see what happens. Lawyers will descend upon us like vultures to a kill.
You and I both know that despite numerous fan sites we cannot use the term "Backstreet" for a music group.
The rights to the name are secure.

THe same goes for the name "Palm."

By the way, is there any word whether Handspring is planning to go after Visor central for the same issue. Hopefully they'll learn from Palm's mistake.

There is a disturbing legal trend to interpret trademarks as not just referring to a product but to refer to sponsorship. This was not the intent of trademarks. Trademarks were intended to identify products clearly and uniquely, and the product in this case is the hardware and software produced by Palm Inc.

In any case, a simple disclaimer of "This site is not sponsored, financed, or endorsed by Palm Inc." should be sufficient to clear up any confusion even the most naive consumer might have.

More like thinking their own ass. Even if it is the law, it can be expressed and resolved more elegantly instead of dropping threat left and right.

You said:
"Allowing a mark to become descriptive or generic is the death knell of trademarks. Watch almost any thread about a Palm product, and you'll see numerous posts about IPAQ, Sony, etc. Palm is/was simply trying to make sure the PALM trademark did not become provably descriptive."

Palm has already been near this territory. Look at the reference in the Charlies Angels movie to a PPC as a "PalmPilot." This has long been common among novices.
True Ipaqs, and Sonys, are to be found in the same threads on Palm fan sites. But never do I see the term Palm used generically(sp)to describe all PDAs on these sites. If anything such sites emphasize that these are DIFFERENT products. These sites contribute to the awareness of Palm, Palm OS licenced devices, and all other PDAs, as well as their differences.
The very nature of Palms licensing arrangement leads to greater confusion.

Let me be clear I am not arguing Palms legal right to protect their name. What I am saying is that fan sites do not threaten their name as you imply. Thus pursuing such fan sites appear heavy handed, and are simply unnessesary.

In reply to your earlier post I used the example of music fan sites. Now I will speak of "Star Trek" fan sites. Your argument would lead one to believe that unless Paramount enforces their legal right to stop any website from using star trek in a URL they could lose the exclusive right to the name. Could they ban every site with Star trek, klingon, vulcan, enterprise, voyager, deep space nine, ect. Sure it is their right. But would that be wise? Could I find Battlestar Galactica in a search of star trek threads? Sure. But you and I cannot as much as sell a T-Shirt with the word "Star trek." The name is protected.

Fan sites create loyalty and a rabid fanaticism among fans. This is GOOD for buisness. That is why smart buisnesses ignore these andeven support their existence.

Microsoft is dying to have the fanatical loyaly that these sites help to promote.
People running such Palm sites are practicly being BRIBED by Microsoft to promote their products. They are flown to Redmond, GIVEN PPCs wined and dined. The advantages of PPCs are drummed into them. Then to have Palm show them such disrespect.

This was not a legal nessesity.
This was stupid buisness.