§ ¶"Word mark," again
While not yet resolved, the situation with the word mark in Germany becomes stranger. (part 1, part 2)
First, Mr. Kliemen sent a response back to the letter sent by a lawyer on my behalf. In it, he restates that he believes himself to be the rightful owner of the mark, due to having registered it, regardless of prior use. He also states that there is no conflict with me since I am in the USA and the mark is German. (Threatening my users changes that.) More strangely, however, he then offers to license it freely to me, as long he retains the mark -- an offer of dubious worth which I have refused -- and then proceeds to accuse my lawyer of acting without authorization and of attempted fraud. Mr. Kliemen will be surprised to learn soon that Mrs. Stumpf has signed correspondence from me authorizing her actions.
Incidentally, in case there is still doubt, Mrs. Stumpf has advised that anyone having received a warning letter in this regard should not pay Mr. Kliemen. I apologize to everyone for not offering such reassurances earlier. This is, of course, not official legal advice and anyone involved should discuss this with his own lawyer, but I have not heard a lawyer recommend otherwise.
Second, in the previous post, someone noted that the German Patent and Trademark office online database now lists the VIRTUALDUB word mark as having an opposition motion in progress. This confused me somewhat, as I had just started preparing for my own challenge on bad-faith grounds. Well, I asked Mrs. Stumpf to look into the matter -- the automated translation of the notice certainly wasn't any clearer to me -- and it turns out that the cancellation request was filed by the Office itself! Apparently, the Examiner received over a hundred complaints and has directly started a cancellation motion. More information is supposed to be forthcoming in about three months, but this is good news. In the meantime, I am preparing for possibly filing for a preliminary injunction against Mr. Kliemen to prevent him from sending any more warnings.
So, it looks like a resolution to this issue will be coming soon. I hope this news is of some relief to those who have been directly affected by Mr. Kliemen's actions.
Some pretty promising news, i hope it works out for you and that Mr Kliemen gets whats coming to him.
Matariel - 09 09 06 - 00:03
Hello Avery, it's a long time ago that I asked via email for listing VirtualDub on my site http://www.frettts-freeware.com/video.ht..
I think two or more years now. Now I got a notice from Mr. Kliemen too but I wrote him some nice words back and sure, I didn't pay! I received his letter on August 18th 2006 and sent my answer right back. What I answered was: "I don't sign anything and I don't pay, you're not the right and respective owner of the computer program VirtualDub, don't bother me again and I prompt you to pay back the money for sending this letter!"
Naturally I sent a registered mail against receipt if he want to bring me to court thru a civil action or if he want to get more money by dissuasion thru a lawyer!
BTW: The website of the German Patent and Trade Mark Office (DPMA) is also available in English, have a look: http://publikationen.dpma.de/
I started a search with "Kliemen" and "Word Mark", selected "Registered trade mark - open to opposition" from the drop down menu and got a result with Mr. Kliemen's real address and more but that means that nobody raised an objection yet, so hurry and file a protest thru Mrs. Stumpf! But you have to know that only to file a protest will cost 300 EUR / 382,06 USD and I know you have to pay Mrs. Stumpf too.
If I ever meet Mr. Kliemen I will not be very friendly to him.
With my best regards from Germany
Friedhelm Lützenkirchen (Frettt)
Frettt (link) - 14 09 06 - 14:00
@Frettt: publikationen.dpma.de is always a bit behind since they update their data after the paper version of official documents is published. And that may take up to two months after the fact.
dpinfo.dpma.de is updated daily and it very much shows an opposition filed to the mark virtualdub by the office itself (ex officio).
Jürgen - 20 09 06 - 11:44
Please keep comments on-topic for this entry.
If you have unrelated comments about VirtualDub, the forum is a better place to post them.