Two Possibilities

October 23, 2009

A letter to SPARC industries

Filed under: Technology — Eric Friedrich @ 9:00 pm

to sparcinfo@sparc.org
subject SPARC is not SparkFun

Dear SPARC Industries-

I am extremely disappointed to hear that your company found it necessary to send a Cease & Desist letter to the kind folks at SparkFun. In my casual opinion, I do not believe that there is any form of trademark violation occurring here. What I do see however, is another case of a large corporation taking advantage of their size and legal might for purposes of intimidation.
As an employee of a large corporation myself, I understand the need for all business large and small to protect their brand and intellectual property. However, the C&D letter sent to SparkFun is overzealous, even when viewed in the kindest light. As their CEO Nate points out on the SparkFun homepage, the logos of the two companies are in no way related, nor can the names be easily confused. In fact, whoever called the “SPARK” portion of the SparkFun logo nearly identical to the SPARC industries logo should dial back the hyperbole. I find it dishonest that the otherwise lowercase sparkfun logo was capitalized so that it may be viewed as closer in comparison to your company’s mark.
I am sure you are aware of the recent case involving Monster Energy Drink and the Rock Art Brewery in Vermont. Hopefully you are also aware that Vermont’s US Senator saw fit to become involved in this similar case of large corporation versus smaller business. While SparkFun is not located in Vermont, I can only help but think that Senator Sanders would have a similar opinion on this case.

A quote from a letter written by Senator Sanders sums up the opinion of many SparkFun supporters:
“Lastly, the American people are getting tired of the greed and recklessness of large corporations, which use their size and power to push individuals and small businesses around. A small company [...] is not a threat to you, and it would be extremely unfair of you to drag them into court and force them into a protracted, expensive, and pointless legal battle. Please leave [them] alone and allow them to produce their [product].”

Sincerely,
Eric Friedrich

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