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Author Topic: UMODEL trademark  (Read 844 times)
Gildor
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UMODEL trademark
« on: August 01, 2019, 00:03 »

Hi all

I've just got the following email:
Quote
July 31, 2019
 

Konstantin Nosov
 

I am writing to you on behalf of Altova GmbH. As you may know, Altova is the owner and developer of various software developer tools, including UMODEL. Additional information about Altova and our software can be found at www.altova.com. Altova owns several registered trademarks for the mark UMODEL, including EU Registration No. 005127147 and U.S. Registration No. 3022047, all in connection with computer software for computer aided software engineering. Said registrations are deemed incontestable under both EU and U.S. law. Altova has been using this mark at least as early as 2005.
 

It has come to our attention that you have developed an editing tool which is promoted and advertised under the name UMODEL and/or UE Viewer. It appears that the software is distributed under more than one name. For example, the software is titled UE Viewer on Gildor.org while the name UMODEL appears more prominently on GitHub. Both websites display both names, however. We also have reviewed several YouTube videos where the channel advertises the name UMODEL. The code includes several files which incorporates the UMODEL mark, including umodel.exe, and umodel folders. Google search results display your products side by side without our UMODEL branded software. Lastly, your website appears to accept PayPal donations in appreciation for developing the editor.
 

While you may have used this name for several years, it clear that the name UMODEL has or will cause consumer confusion. Accordingly, as the owner of the mark, we request that you cease using the name UMODEL. To be clear, we have no objection with the original name UE Viewer. In order to avoid confusion, we request that you remove the mark UMODEL from your websites, e.g.gildor.org, your YouTube channel, Facebook pages, your space on GitHub, etc. We also request that you remove the name UMODEL from your source code, including but not limited to, .exe files, folders, outputs, in-software menus, screens, etc. Your website would suggest you faced a similar issue with Epic Games over the original name Unreal Engine Viewer.
 

We are able to work with you on a time table to complete the transition which we believe can be completed in 30 - 60 days. Please confirm receipt by replying to this email (blablabla@altova.com). Please also confirm your agreement to cease using the name UMODEL.
 

Should you have questions, please do not hesitate to contact me via email or telephone.
 

Sincerely,
Blah blah blah

Actually when I created UModel in 2007, I googled for this name and didn't find ANYTHING. Now they seems worrying that my software appears in google with better positions ... They want me to remove this name everywhere!

I have no idea what will happen if I will not do that. This is actually 2nd "rename" request. The first one was from Epic many years ago, they asked me to rename "Unreal Model Viewer" to something what doesn't have the name "Unreal".

Sigh ...
« Last Edit: August 02, 2019, 20:05 by Gildor » Logged
Gildor
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Re: UMODEL "TRADEMARK"
« Reply #1 on: August 01, 2019, 01:13 »

Me response to them

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Hello David,

Thank you for deep exploration about use of "umodel" in my site and the project.

What I can say ...

1. I've started the project in Summer of 2007. I've googled for name "umodel", and google didn't show ANYTHING. Of course a few years later
   I've noticed that another software with same name exists, however it was too far in terms of functionality from what I did, and nobody
   contacted me about the name of the project.

2. Where you were for 12 years?? I have community which is probably larger than Altova's one, and your request breaks many many things.

3. Yes, the main name is "UE Viewer". Short name - UModel, (first 2 letters capital, other - small). I'm using it just because it doesn't
   have any spaces. This is actually "UModel", the name of C++ class of Unreal Engine (which exists since 1996). Unreal Engine trademark
   belongs to Epic Games, and they KNOW about my project, and they are ok with its name.

4. I doubt people will be confused with google results. At least my community doesn't know anything about Altova and its product.

5. I can change site title, can rename github repository, however name "Umodel" is used much deeper, e.g. in source code type names. I can't
   change it without breaking everything. Even renaming github repository will break any "forks" etc which exists for years.

6. I'd prefer to not rename executable file. I see no problem with using it there, again - it's the name of Unreal Engine object. Just imagine
   that someone will ask to rename all occurrences of "wheel.exe"?

Well, I have the question. I'm Russian, and site exists in Russian "space" (i.e. it's neither US or EU). What will happen if I'll not FULLY
satisfy your request? It's ok for me to rename site's page etc, however I have no idea how deep is REQUIRED to satisfy your company's lawyers?

I'm shocked, but hopefully I wasn't rude with my response.

Thanks,
Konstantin
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lolwat
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Re: UMODEL "TRADEMARK"
« Reply #2 on: August 01, 2019, 01:15 »

They also created UModel in 2007 lol

Here is their Youtube video "Intro to UModel", dating October 2007.
https://www.youtube.com/watch?v=3uqqu4FyC_c

Trademark:



They gave up on registering "UModel" back in 2004 for whatever reason and then in 2007, they fully registered "Altova UModel"



In the U.S. they really own "UModel" since 2005.


They are being friendly, if you refuse or ignore, will they hire a lawyer? Maybe Tongue

But why didn't they contact you like 10 years ago?

So many questions...
« Last Edit: August 01, 2019, 01:17 by lolwat » Logged
Gildor
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Re: UMODEL "TRADEMARK"
« Reply #3 on: August 01, 2019, 10:25 »

It is also registered as "computer software for aided engineering". My system is not for engineering at all, it is related to computer games area.
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Juso3D
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Re: UMODEL "TRADEMARK"
« Reply #4 on: August 01, 2019, 10:54 »

Yeah I've came across them when i first learn't about uModel, was wondering if there would be any issues with it, but never did until now, why take so long? unless uModel is getting more attraction then their own program Cheesy.
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Re: UMODEL "TRADEMARK"
« Reply #5 on: August 02, 2019, 18:49 »

Well, I've replaced "UModel" with "UE Viewer" in many places - on site, forum, youtube, readme files, and in UModel executable itself. Actually I'm not going to rename exe file and github project, despite Altova's "chief" requests that (he "will ask his company's programmers to assist me"). In his latest email he explains that renaming is very good for me, wrote a long stuff, which is finished with "and after all your tool will stop appearing before our product in google" Smiley No comments.

Anyway, people who knows how to deal with "trademark stuff" told me that my software is not under the same category as Altova's trademark was registered (it is not "computer aided engineering"), so they shouldn't have any claims to me. I knew that before started name replacement, however decided to make some "present" to them.
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Gildor
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Re: UMODEL trademark
« Reply #6 on: September 17, 2019, 09:29 »

So, after all changes, I think it's worth posting the last email from Altova here - I just liked it.
Quote
Great. Thank you. I greatly appreciate your cooperation.

As a gamer who is now raising gamers, I do appreciate all the work you have done. I wish I had the skill to contribute to the modding community that you do.

Sincerely,
 
David A. Gast
General Counsel
Altova, Inc.
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Juso3D
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Re: UMODEL trademark
« Reply #7 on: September 17, 2019, 10:15 »

Didn't see that one coming, like it also.
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