CREATIVE LABS, LTD. FORCES GOO SOFTWARE TO CLOSE ITS DOORS
San Jose, CA – December 18th, 1997 – Goo Software, makers of the
one-of-a-kind Spam Blaster anti-spamming email client software product
today was forced to close its doors due to a frivolous and predatory
lawsuit from Creative Labs, Ltd., makers of the Sound Blaster line of
)products for the PC.
Creative Labs is attempting to sue Goo Software over the use of the term
“blaster” in its product name. Creative Labs claims it has sole and
exclusive rights to use of the term “blaster’, even though there are over
100 federally registered trademarks that use the term in product names.
Only a handful of these trademarks are owned by Creative Labs.
“Obviously, if the Federal Patent and Trademark Office has granted use of
the term ‘blaster’ in combination with other terms in product names, it
feels that the term “blaster” is a generic term and cannot be trademarked”,
said Michael Amorose, Principal for Goo Software. “How can you have dozens
of companies, even other software companies using the term “blaster” in
their trademarked product names and still have Creative claim that they
have sole rights to use of the term ‘blaster”?”, Amorose said today.
Amorose feels that the trademarking of the term ‘blaster’ in and of itself
by Creative is unenforceable in a court of law.
“This is clearly a case of a giant predator like Creative trying to crush a
small innovator in the industry”, said Brian McKay, an East-coast internet
consultant. “When you are in Creative’s position of declining sales, poor
product quality and falling profitability, you have to begin to explore
other ways to generate revenue. When you get desperate enough, and if you
have the money to litigate, you begin to look for easy lawsuits to make up
for falling revenue. This is exactly what Creative is doing”, McKay said.
Goo Software will continue to support the blacklists that are used by the
product on its server, but will cease all sales, distribution, and
development of the product. The company said the source code, technologies,
and exclusive rights to the product are up for sale to any party that is
interested in purchasing them.