Reseller Sun Data will sue Sun Microsystems over trademark infringement after the companies failed to settle their dispute out of court.
Sun Data, a US solution provider and leasing company with offices in Amsterdam, filed the suit in December 1996 and Sun filed a countersuit alleging trademark infringement three days later. The court told the companies to mediate but they could not agree and Sun Data is to go ahead with its action.
Chairman and CEO Eric Prockow said Sun Data was incorporated first, in 1976, before the other Sun was founded in 1982. "Sun Microsystems? use of a variety of marks including the word Sun will inevitably confuse customers into believing the two companies are associated or affiliated," he claimed. "Such confusion is likely to impact our impartial position as a best of breed provider."
He did not explain why Sun Data had not brought the action earlier or why any company should be able to stop others using such a common name as Sun.
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