Adobe to make a legal Snafu
Update: Looks like deep links into the trademark search don't work; so you'll have to do your own searches if you care. I provided the serial numbers / reg numbers for relevant searches
Adobe has asked FlashObject to to change their name. FlashObject is an open source JavaScript object that is used to detect the Adobe Flash player.
Adobe is walking on a tricky slope with this one. Flash is too generic to be granted a trademark.
Macromedia had a trademark on Macromedia Flash (Serial Number: 75336380; Reg Number: 2650911 or serial number: 75336240; reg number 2520435). I would have assumed that Adobe would have put a trademark on "Adobe Flash" (It's not in the databsae yet, though). Tons of stuff w/ Flash in the name is trademarked
It seems unlikely that this open source JavaScript project would cause confusion with Adobe Flash. I doubt this issue would stand up in court. However, I wouldn't want to get into a legal battle with them, specially over an open source project. This sounds like the 100 pound gorilla pushing around the little guys.
Coming soon to a court near you. Anheuser-Busch, Incorporated vs Adobe. ( Serial Number 78621339 )
serial numbers
75336392
75336379
Interesting. I have been told by multiple people (Including Adobe employees and my publisher) that MM did not have a trademark on Flash. I assumed this was correct when i couldn't find a listing in the trademark search.
I have been told that whether I think FlashObject violated the trademark or not is irrelevant because Adobe obviously thought it did.
Are you an expert in trademark law?