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.”
