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To: dennis michael patterson who wrote (7043)7/9/1999 2:26:00 PM
From: R. Ramesh  Respond to of 17183
 
For what it is worth

HP cannot use letters E MC in its disk array naming

biz.yahoo.com

Ramesh



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."