--- Begin Forwarded Message ---
Date: Thu, 18 May 2000 09:28:34 +1000
From: [log in to unmask]
Subject: FW: Metadata a trademark ?
Sender: [log in to unmask]


A colleague has received a letter from a firm of attorneys in the US, as
follows below. I recollect that this issue was raised about a year ago
either on this list or another to which I subscribe. In any case I am
seeking information on the validity of the claim, whether it has been tested
in USA, and what organisations are doing about it. Appreciate any comments
or pointers. Many thanks in advance.

Jon  Stirzaker
Australian Geological Survey Organisation
E-mail:  [log in to unmask]

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Please be advised that our firm represents The Metadata Company LLC which is
the holder of all rights in the trademark METADATA as applied to computer
programs and computer program manuals.  Our client's mark is registered as
U.S. Trademark Registration Nos. 1,409,260 and 2,185,504, copies of which
are enclosed herewith.  Our client's Registration No. 1,409,360 has become
incontestable as provided by 15 U.S.C. § 1065.

It has come to our client's attention that your organization has published
documents on the Internet in which our client's registered trademark,
METADATA, has been misused, and has invited interested entities to download
a copy of a document with this misused and infringing form of our client's
mark.  We refer specifically to your use at your web [site] of our client's
mark in your description of an "ANZLIC Metadata Entry Tool (MET)".

Our client has no objection to the use of the two separate words, "Meta
Data" or even the hyphenated term "Meta-data" to describe data about data or
as a title for any software you wish to provide.  However, the single
unhyphenated term, "METADATA" is a federally registered trademark in the
United States which belongs exclusively to our client.  We would appreciate
it if you would provide us with your written commitment that you will ensure
that your future web site publications and any other publications do not
misuse our client's registered trademark, METADATA.
-------------------------------------------------------

I have found that the company has a web site at http://www.metadata.com/ and
the claim to the term "metadata" is expressed at
http://www.metadata.com/word.htm

I am contacting the FGDC to see whether similar demands have been made in
the USA and what response there has been to them.  If anyone has any further
knowledge of this issue, I would appreciate any information you may have.


Regards,

Graham Baker



===========================================
Graham Baker
Executive Officer
ANZLIC

PO Box 2
BELCONNEN   ACT   2616
Australia

Ph:  +61-2-6201 4299
Mob: 041-9228226
Fax: +61-2-6201 4366
e-mail:  [log in to unmask]
home page:  http://www.anzlic.org.au/
===========================================
ANZLIC - the Spatial Information Council
===========================================
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