Netbula produces RPC (Remote Procedure Call) development tools. RPC is a protocol that a program can use to request a service from another program located in another computer in a network. Netbula's PowerRPC product is used by major companies worldwide. Distinct Corporation competes in the same market.
In its lawsuit, filed in the District Court for the Northern District of California, Netbula alleges that Distinct has engaged in infringement and unfair conduct. According to the filing, Distinct's acts include embedding the NETBULA and PowerRPC trade marks and trade name into Distinct's web pages' hidden HTML keyword meta tag sections, and purchasing Netbula's trade mark and trade name as advertising key words from at least one internet search engine.
By these acts, Netbula complains that:
"Distinct is able to get internet search engines to display Distinct's web links and advertisements when potential customers are in fact looking for information about Netbula and Netbula's products. Netbula contends that Distinct's acts constitute trademark and trade name infringement and violate other federal and state laws."
Netbula's suit seeks an injunction and treble damages and punitive damages.
A lawyer for Netbula commented:
“The law is clear that a competitor cannot use Netbula's name and trade mark to attract customers looking for Netbula to the competitor's web site.”