Comments on: Adobe Goes After FreshAIRApps For “AIR” Usage http://www.centernetworks.com/adobe-air-freshairapps-trademark Web 2 and Social Media News and Reviews Sat, 21 Nov 2009 01:50:56 -0600 http://wordpress.org/?v=2.8.6 hourly 1 By: Kelvin Luck http://www.centernetworks.com/adobe-air-freshairapps-trademark/comment-page-1#comment-85165 Kelvin Luck Thu, 08 Oct 2009 11:44:39 +0000 #comment-85165 I had a very similar experience with Adobe and a service I built called shAIR (now called Sharify). I've written up the story and some thoughts about it on my blog: http://www.kelvinluck.com/2009/10/shibuya-and-sharify/ I had a very similar experience with Adobe and a service I built called shAIR (now called Sharify). I’ve written up the story and some thoughts about it on my blog:

http://www.kelvinluck.com/2009/10/shibuya-and-sharify/

]]> By: Kevin Bondelli http://www.centernetworks.com/adobe-air-freshairapps-trademark/comment-page-#comment-17775 Kevin Bondelli Wed, 30 Nov -0001 00:00:00 +0000 #comment-17775 This seems so stupid to me. 1) Trademarking air seems like a ridiculous concept. 2) Why would you do this to the people that are essentially evangelizing your product for you? This seems so stupid to me.

1) Trademarking air seems like a ridiculous concept.
2) Why would you do this to the people that are essentially evangelizing your product for you?

]]> By: Anonymous http://www.centernetworks.com/adobe-air-freshairapps-trademark/comment-page-#comment-17776 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-17776 adobe should be ashamed of themselves adobe should be ashamed of themselves

]]> By: Peter Cooper http://www.centernetworks.com/adobe-air-freshairapps-trademark/comment-page-#comment-17777 Peter Cooper Wed, 30 Nov -0001 00:00:00 +0000 #comment-17777 Someone needs to teach Adobe's legal department on how trademark law works. This is a pretty clear case where a nominative use defense should be successful. The trademark is only being used to refer to something else (which cannot be referred to in any other way): http://en.wikipedia.org/wiki/Nominative_use A nominative use defense should be successful in this case because the site is set up to profile AIR apps (and not those from competing frameworks). How else can you refer to AIR apps without using the word AIR? Terms like "Ruby", "Python", "Photoshop" and the like are all trademarked, yet there are many sites that use these words in their name. This is because they're nominative usages and not infringements. That should be the case here too. Someone needs to teach Adobe’s legal department on how trademark law works. This is a pretty clear case where a nominative use defense should be successful. The trademark is only being used to refer to something else (which cannot be referred to in any other way): http://en.wikipedia.org/wiki/Nominative_use

A nominative use defense should be successful in this case because the site is set up to profile AIR apps (and not those from competing frameworks). How else can you refer to AIR apps without using the word AIR?

Terms like “Ruby”, “Python”, “Photoshop” and the like are all trademarked, yet there are many sites that use these words in their name. This is because they’re nominative usages and not infringements. That should be the case here too.

]]> By: Corvida http://www.centernetworks.com/adobe-air-freshairapps-trademark/comment-page-#comment-17839 Corvida Wed, 30 Nov -0001 00:00:00 +0000 #comment-17839 Adobe is being really stupid in this situation. Doesn't Apple do the same thing? That's the most backwards thing in the world. This is free publicity for them. It's not like they're selling AIR products and making the name theirs. They're selling the AIR brand for Adobe. Adobe is being really stupid in this situation. Doesn’t Apple do the same thing? That’s the most backwards thing in the world. This is free publicity for them. It’s not like they’re selling AIR products and making the name theirs. They’re selling the AIR brand for Adobe.

]]> By: Martin http://www.centernetworks.com/adobe-air-freshairapps-trademark/comment-page-#comment-17858 Martin Wed, 30 Nov -0001 00:00:00 +0000 #comment-17858 Site owners shouldn't be so quick to comply with threatning letters, especially if they believe the claim is invalid. Just because someone sends you a letter demanding you to do something doesn't mean you have to do it. I think lawyers are just often over enthusiastic about sending these things out without really thinking about the best interests of the company. Site owners shouldn’t be so quick to comply with threatning letters, especially if they believe the claim is invalid. Just because someone sends you a letter demanding you to do something doesn’t mean you have to do it. I think lawyers are just often over enthusiastic about sending these things out without really thinking about the best interests of the company.

]]> By: John Dowdell http://www.centernetworks.com/adobe-air-freshairapps-trademark/comment-page-1#comment-17860 John Dowdell Wed, 30 Nov -0001 00:00:00 +0000 #comment-17860 Hi Allen, do you have a source link? I didn't see anything at the top level in James' blog. I'll pursue it on my end, but I need to trace the story back, find what actually happened. Where's your source info? Thanks. jd/adobe Hi Allen, do you have a source link? I didn’t see anything at the top level in James’ blog.

I’ll pursue it on my end, but I need to trace the story back, find what actually happened. Where’s your source info? Thanks.

jd/adobe

]]> By: John Dowdell http://www.centernetworks.com/adobe-air-freshairapps-trademark/comment-page-1#comment-17862 John Dowdell Wed, 30 Nov -0001 00:00:00 +0000 #comment-17862 Never mind, I found that your quoted material and source info appeared on the affected page itself: http://freshairapps.com/ It sounds like he's already pursuing it out-of-public-eye with other Adobe staffers, so I'll let them work through it. Generally Legal departments have to be prepared for any contingency, so they often do look at product names used in new domains. Lawyers rarely read weblogs, and so are often surprised at the effect an abrupt communication style has in public forums. Sounds like it's already being worked through back-channel... let's let that communication continue. (For what it's worth, I'm not keen on application-aggregation sites in general... I'd rather download an app from the creator directly. But I know other people feel otherwise.) tx, jd/adobe Never mind, I found that your quoted material and source info appeared on the affected page itself:
http://freshairapps.com/

It sounds like he’s already pursuing it out-of-public-eye with other Adobe staffers, so I’ll let them work through it.

Generally Legal departments have to be prepared for any contingency, so they often do look at product names used in new domains. Lawyers rarely read weblogs, and so are often surprised at the effect an abrupt communication style has in public forums.

Sounds like it’s already being worked through back-channel… let’s let that communication continue.

(For what it’s worth, I’m not keen on application-aggregation sites in general… I’d rather download an app from the creator directly. But I know other people feel otherwise.)

tx, jd/adobe

]]> By: centernetworks http://www.centernetworks.com/adobe-air-freshairapps-trademark/comment-page-1#comment-17868 centernetworks Wed, 30 Nov -0001 00:00:00 +0000 #comment-17868 Thanks John! As for your last comment, I think application aggregators are great as they give more visibility to the app creators but like you I'd always prefer to actually download the files directly. Thanks John! As for your last comment, I think application aggregators are great as they give more visibility to the app creators but like you I’d always prefer to actually download the files directly.

]]> By: Ryan Stewart http://www.centernetworks.com/adobe-air-freshairapps-trademark/comment-page-1#comment-17869 Ryan Stewart Wed, 30 Nov -0001 00:00:00 +0000 #comment-17869 Hey all, Everyone I talk to at Adobe is a huge fan of FreshAIRApps.com. Whenever anyone asks me where they can find AIR apps I send them there and to our marketplace. I love the layout and how James reviews applications. What this shouldn't be seen as is any attempt at shutting James down because he "competes" with our Marketplace. Unfortunately, as a company, we have to protect our trademark or else we lose it. I think James is talking to the correct people so that this can have some kind of happier ending than it does now. I know it seems completely crazy that we would shut down a site like James' that does so much good for AIR, but trademarks have to be protected. I have a few questions about the specifics that I'm trying to figure out, but as I said, hopefully Adobe and James can be happy with the whatever resolution there is. =Ryan rstewart@adobe.com Hey all,

Everyone I talk to at Adobe is a huge fan of FreshAIRApps.com. Whenever anyone asks me where they can find AIR apps I send them there and to our marketplace. I love the layout and how James reviews applications. What this shouldn’t be seen as is any attempt at shutting James down because he “competes” with our Marketplace. Unfortunately, as a company, we have to protect our trademark or else we lose it.

I think James is talking to the correct people so that this can have some kind of happier ending than it does now. I know it seems completely crazy that we would shut down a site like James’ that does so much good for AIR, but trademarks have to be protected.

I have a few questions about the specifics that I’m trying to figure out, but as I said, hopefully Adobe and James can be happy with the whatever resolution there is.

=Ryan
rstewart@adobe.com

]]> By: Kosso http://www.centernetworks.com/adobe-air-freshairapps-trademark/comment-page-1#comment-17871 Kosso Wed, 30 Nov -0001 00:00:00 +0000 #comment-17871 How UTTERLY ridiculous! I had got hold of podcastair.com to promote a podcasting tool built on AIR. Now, I won't bother. At all. Anyone would think they were trying to get in to bed with Apple. How UTTERLY ridiculous! I had got hold of podcastair.com to promote a podcasting tool built on AIR.

Now, I won’t bother. At all.

Anyone would think they were trying to get in to bed with Apple.

]]> By: a@a http://www.centernetworks.com/adobe-air-freshairapps-trademark/comment-page-#comment-17964 a@a Wed, 30 Nov -0001 00:00:00 +0000 #comment-17964 *.* http://en.wikipedia.org/wiki/Air_(band) *.* http://en.wikipedia.org/wiki/Air_(band)

]]> By: centernetworks http://www.centernetworks.com/adobe-air-freshairapps-trademark/comment-page-#comment-17966 centernetworks Wed, 30 Nov -0001 00:00:00 +0000 #comment-17966 so the band Air owns Air - and here I thought we all had an ownership right to air so the band Air owns Air – and here I thought we all had an ownership right to air

]]> By: Kathleen Anderson http://www.centernetworks.com/adobe-air-freshairapps-trademark/comment-page-#comment-17968 Kathleen Anderson Wed, 30 Nov -0001 00:00:00 +0000 #comment-17968 What about AIR-Austin - is Adobe going after them next? http://www.knowbility.org/air-austin/ They've been around for more than 10 years. According to this page http://www.knowbility.org/air-austin/?content=sponsor Adobe is one of their sponsors. What about AIR-Austin – is Adobe going after them next? http://www.knowbility.org/air-austin/ They’ve been around for more than 10 years.

According to this page http://www.knowbility.org/air-austin/?content=sponsor Adobe is one of their sponsors.

]]> By: Thejesh GN http://www.centernetworks.com/adobe-air-freshairapps-trademark/comment-page-#comment-17969 Thejesh GN Wed, 30 Nov -0001 00:00:00 +0000 #comment-17969 "Adobe has let me and the community down" True. “Adobe has let me and the community down”
True.

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