Homonymous Trademark Infringement or Fair Use of a common name?
In a recent post to the ISP-Wireless list someone asked about devices made and sold by highgainantennas.com - I clicked the link and took a look at the site and was amazed at how similar the name seems to another antenna company.
I wonder how long it will be before the Hy-Gain® Antenna Company takes note of the apparent registered trademark infringement of highgainantennas.com The name Hy-Gain is registered with the USPTO as a trademark first used in commerce in 1957 for the sale of antennas. I hope the new “high gain antennas” has invested more into their product’s research than their name.
Most people with some RF experience have heard of the rightful trademark
holder company, Hy-Gain is now owned by MFJ Enterprises- hence my confusion when I saw the products advertised at HighGainAntennas.com - even the font of their product logo looks similar to the Hy-Gain logo (the one depicted on devices for sale, not their web site logo).
When I asked on the list if anyone has some insight into the new user of this homonymous name, I received one reply to the list suggesting that I am simply “being mean and causing trouble” to a “nice guy”. I’m sure the guy who is usurping the name is nice enough and hard working. As a business person I believe he is coming up short, very short, about as short as someone starting a new router company and naming it “Cysco Systems”.
Hopefully MFJ will send this “nice guy” a cease and desist demand very soon as leaving this in place could lead to marketplace confusion. Such as: Did MFJ change the spelling of the Hy-Gain name to High Gain and start making WISP products to sell on this other web site?
I wonder where the FCC IDs are on these Part 15 devices offered for sale on the site? From what I understand the FCC implictly does not allow non-approved devices to be offered for sale or advertised for sale.
Am I simply way off base for noticing or caring to draw attention to this?
Perhaps I am too sensitive about these kind of things after I found a site under slbb.us that was a wholesale cut and paste copy of Skyline Broadband (a previous design, not the present one). We still had to take action against this or risk losing future enforcement. Imitation is the sincerest form of flattery.