To: dennis michael patterson who wrote (7043 ) 7/9/1999 2:31:00 PM From: Michael W. Brom Read Replies (2) | Respond to of 17183
everyone, i just found this a few minutes ago. thought you might be interested in reading it ... seems to me that if HP thinks its products are so much better than what EMC has to offer, they wouldn't be illegally using the EMC trademark. just my opinion. BOSTON, Jul 9, 1999 (BUSINESS WIRE via COMTEX) -- U.S. District Court Judge Joseph L. Tauro issued a preliminary injunction yesterday against the Hewlett-Packard Company (HP), ordering HP to immediately discontinue infringing on EMC Corporation's registered trademarks in thenaming and marketing of HP products. EMC, the world's leading provider of enterprise storage systems, software and services, filed suit on May 25, 1999, in Federal District Court in Boston against HP for trademark infringement and trademark dilution. The lawsuit stems from HP's May 5 introduction of storage products intended to compete with EMC, named "HP SureStore E Disk Array MC256" and referred to by HP as "E MC256." After attempting to reach an amicable resolution with HP, EMC filed the lawsuit in order to protect EMC's famous brand name and trademarks. EMC requested a preliminary injunction. Judge Tauro's order prohibits HP from further use of the letters "MC" in the names of any of HP's enterprise storage products. In his decision, Judge Tauro wrote, "HP's new enterprise storage products - which include the letters 'E' and 'MC' - are likely to confuse prospective buyers as to the products' source . . . EMC has invested 20 years in developing the goodwill associated with its marks, while HP has invested only a few weeks. HP chose to adopt a name that uses the letters 'E' and 'MC,' and apparently made that decision while party to a four-year-old agreement to distribute EMC's product under EMC's name. HP, not EMC, should bear the consequences of that decision." Paul T. Dacier, EMC Vice President and General Counsel, said, "As the market leader in enterprise storage, EMC expects and welcomes honest competition in this dynamic and rapidly growing market. EMC and the EMC logo are protected by registered trademarks. The EMC name has become a globally recognized symbol of the highest-quality, highest-availability, best-performing enterprise storage technology in the world. HP's attempt to confuse the market and illegally use EMC's famous name to market an inferior product is an insult to customers and a clear violation of our registered trademarks. We protect our trademarks vigorously and will not permit these deliberate, reckless violations. We are pleased that Judge Tauro granted a preliminary injunction against HP and we expect that HP will comply immediately and discontinue all illegal use of our trademarks."