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  1. #1
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    Default Microsoft Dataflex

    We are totally surprised by Microsoft's use of DAW's registered trademark "DATAFLEX" as announced here.

    Data Access Corp. has registered trademarks on various forms of "DATAFLEX" based on commercial use beginning in 1981.

    Background: The same "mark" (e.g. "DataFlex") can be used on different products in different trademark "classes", which define different product categories. That's why the Dutch ergonomic office products called Dataflex can co-exist with "our DataFlex" - the products are in totally different trademark classes. The use of the same mark to identify similar products in the same class is not allowed.

    There is much to be known about Microsoft's use of Dataflex and Data Access' legal rights. We will be consulting trademark legal experts for advice and will post updates as more is known.
    Last edited by Chip Casanave; 22-Jul-2020 at 05:33 AM.
    Regards,

    Chip Casanave
    Data Access Worldwide - Miami, FL USA
    Business software for a changing world

  2. #2
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    Default Re: Microsoft Dataflex

    Good morning Chip,

    Thank you for the good explanation of the rules of a registered trademark.

    Because of the fact that both names refer to a development platform product gives me confidence that the 'older' trademark will prevail.

    It could - during /after legal dispute - result in more exposure on DataAccess Dataflex. Free publicity.

    A good thing?

    Roel

  3. #3
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    Default Re: Microsoft Dataflex

    Hi Roel!

    We do have maturity in our trademark's use and, it is formally registered with the U.S. Patent & Trademark office. In other words, we do not just claim the trademark (TM), we have gone through the necessary legal processes to formally register it. Accordingly, we can use the (R) symbol with DataFlex which also gives us a solid basis to defend the trademark.

    There's a saying in marketing - "there is no such thing as bad publicity". My guess is that 1,000's more people than ever have now learned more about "our" DataFlex. Or, should I say #RealDataFlex!
    Regards,

    Chip Casanave
    Data Access Worldwide - Miami, FL USA
    Business software for a changing world

  4. #4
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    Default Re: Microsoft Dataflex

    We are getting a lot of inquiries about this and there are growing references to our DataFlex trademark across publications, blogs, Twitter and more. To have an easy reference to clarifying the subject, I've just posted a blog largely restating what's written above. For confused DataFlex application customers and other interested parties, the focused blog is an easier read than a forum thread.

    Please feel free to share this link: https://www.dataaccess.com/blog/data...-dataflex-1606
    Regards,

    Chip Casanave
    Data Access Worldwide - Miami, FL USA
    Business software for a changing world

  5. #5
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    Default Re: Microsoft Dataflex

    Here's an earlier example of trademark conflict resolution...

    <VBG>

    Michael Mullan.
    Danes Bridge Enterprises.

    ++++++++++++++++++++++++++++
    There is just today. Tomorrow is a concept
    that is mostly theoretical. -- GM Wylie
    ++++++++++++++++++++++++++++

  6. #6
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    Default Re: Microsoft Dataflex

    Imagine the confusion all these recruiters are going to be suffering when scouring LinkedIn for DataFlex and finding developers with 20-30+ years experience
    Chuck Atkinson

    "No matter how confounding the case, Bob Worsley always finds the quaesitum."

  7. #7
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    Default Re: Microsoft Dataflex

    My profile got 6 hits today...
    Garret

    What if UFOs are just billionaires from other planets?

  8. #8
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    Default Re: Microsoft Dataflex

    I got this job that I've had for 30 years next July because I had 'DataManagement' or somesuch on my resume. I can't now recall what it referred to. Fortunately 2.3 was fairly easy to pick up. Confusion is good!
    test? it compiles doesn't it?

  9. #9
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    Default Re: Microsoft Dataflex

    Chuck Atkinson

    "No matter how confounding the case, Bob Worsley always finds the quaesitum."

  10. #10
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    Default Re: Microsoft Dataflex

    Go DAW!
    Garret

    What if UFOs are just billionaires from other planets?

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