Arduino VS Arduino

[Pirate88179]

http://hackaday.com/2015/03/12/arduino-v-arduino-part-ii/

Here is a follow up:

"Since our last article covering the Arduino v. Arduino case, we've received a couple of tips, done some more digging, and learned a lot more about what's going on. We thought it was time to share the story with you as it develops.
The Players In short, there are two companies calling themselves "Arduino" at the moment. One, Arduino LLC was founded by [Massimo Banzi], [David Cuartielles], [David Mellis], [Tom Igoe] and [Gianluca Martino] in 2009, runs the website arduino.cc, and has been directing and releasing the code that makes it all work. Most of these folks had been working together on what would become the Arduino project since as early as 2005.
The other "Arduino" used to be called Smart Projects and was the manufacturing arm of the project founded and run by [Gianluca Martino]. Smart Projects changed their name to Arduino SRL in November 2014. (A "Società a responsabilità limitata" is one form of Italian limited-liability company.) They have been a major producer of Arduino boards from the very beginning and recently registered the domain arduino.org.
Around the time of the name change [Martino] sold his shares to a Swiss firm Gheo SA and [Federico Musto] was appointed CEO. Gheo SA is owned and directed by [Musto], who also runs a design consultancy based in the US and Taiwan called dog hunter, LLC.
dog hunter and [Musto] helped develop the Arduino Yun, a mashup of an Arduino with an OpenWRT-compatible WiFi router. dog hunter also runs the Linino.org website to support the Linux distribution that's running on the router part of the Yun.
In short, on one side is Arduino LLC, run by the original Arduino Five and hosting arduino.cc. On the other is now called Arduino SRL, run by a former co-developer [Federico Musto] who bought out the largest producer of Arduino boards and opened up arduino.org.

The Legal Situation When we previously reported that Arduino LLC brought a lawsuit against Arduino SRL, we only had half of the story. This suit, filed in January 2015 and still pending, is predated by an earlier trademark action filed by Arduino SRL against Arduino LLC.
The trademark case is a petition to cancel Arduino LLC's trademark on Arduino, filed by Smart Projects SRL on October 3, 2014. This case is also still pending, and because it's in front of the USPTO, it's entirely visible. Here's what we know.
The claims to invalidate Arduino LLC's trademark on "Arduino" (PDF) can basically be summarized as follows: "We filed for trademark in September of 2014 and have been producing boards labelled Arduino since 2005. Arduino LLC only came into being in 2009 and wasn't in control of the name at the time it applied for the trademark."
To which Arduino LLC's response (PDF) essentially reads "We've had the trademark on the word Arduino longer than you have, and we deny all the rest."
The timeline for the case is laid out here (PDF). Basically, the discovery phase lasts until June 2015, and there's not going to be a decision until after Christmas unless they settle early.
We're not lawyers, but it looks like the case is going to revolve around whether or not Arduino LLC actually controlled the "Arduino" name at the time it trademarked it, and whether the extensive production of boards labelled "Arduino" by Smart Projects invalidates that trademark. The relevant trademark law can be found here and if you know your stuff on this, please feel free to illuminate us in the comments or with a direct e-mail to us directly or through the tip line.
So to recap the story so far, two websites, two "Arduinos", and two lawsuits."


Bill

[MarkE]

If Smart Projects was using the Arduino name in 2005 then they have priority.  However, there is a catch in trademark law that requires one to police their trademark.  Arduino LLC filing for the trademark in 2009 should have been protested by Smart Projects earlier.

[Pirate88179]

If Smart Projects was using the Arduino name in 2005 then they have priority.  However, there is a catch in trademark law that requires one to police their trademark.  Arduino LLC filing for the trademark in 2009 should have been protested by Smart Projects earlier.

Exactly!  If you do not care enough about your name to protect it, the courts will not do so either.  (In their opinion)

This is what I dislike about patents.  The average patent defense lawsuit is 1 million dollars.  If someone jumps your patent, and you can't afford to defend it,...it is gone.  As an attorney told me a long time ago, even if you can afford that 1st lawsuit, if 5 folks jump your patent and you can only afford to sue 3 of them...guess what?  Your patent is gone.

These Arduino folks will spend more money on lawyers (on both sides) then they will make in the marketplace and this is a shame.  Perhaps a reasonable settlement could be reached?

Bill

[Pirate88179]

http://hackaday.com/2015/03/28/arduino-srl-to-distributors-were-the-real-arduino/

Arduino SRL to Distributors: "We're the REAL Arduino"

Looks like it is going to court.


Bill

[Pirate88179]

http://hackaday.com/2015/05/22/arduino-vs-arduino-these-are-not-the-droids/

Arduino vs Arduino: These Are Not The Droids...

Bill