Who would have the trademark right?

[draggar]

Hypothetical situation;

We all know Adobe Software (as in Photoshop). Any domain that uses Adobe and computer related terms is infringing on their trademark.

Now, say there is a Pueblo tribe (who lived in adobe houses a while back) who has, for over a hundered years, had a homestead / farm called "Adobe Homestead" (not infringing). They register the business and TM since they sell fresh produce, dairy, and other farmed products and cracts.

Two companies both using Adobe, neither infringing on each others' rights.

The Adobe Homestead has a program written for them to help people manage farming (again, we can call it Adobe Homestead).

Does the Adobe Homestead software infringe on Adobe (software's) trademark? the Adobe TM is for computer software for document, video, presentation, and application management and manipulation.

Thoughts?

 

[katherine]

Just a thought, as long as the software is for internal use and not distribution to the public where is the infringement ?

I have developed software for clients, and the applications were sometimes given names that might possibly pose TM problems if they were to go mainstream.

 

[craiglandy]

Yes it would be TM infringement. Trademark -- at least in U.S. and E.U. are registered by the type of product or service. You can be sure that the famous software company would go after anyone using that name in the realm of their products. Further, large, globally famous companies will aggressively go after uses of their mark in a range of categories.

 

[ksinclair]

The farming people can name their software Adobe Homestead Farm Management. They do not need to use the word 'software'
and actually, why would they want to?