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Can these people use the name Nebula for their VST reverb?

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Can these people use the name Nebula for their VST reverb?

Postby ericus » Mon Sep 03, 2012 12:51 am

Check this out:

http://minimalsystem.com/

Just a heads up for Gian and the AA team.

Eric
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Re: Can these people use the name Nebula for their VST reverb?

Postby richie43 » Mon Sep 03, 2012 6:10 pm

While it may be an infringement on the name, and I love me my Nebula by Acustica, I am familiar with the devs and products at MSI, and I hope that this does not turn into a huge issue. For one, their Nebula Reverb is a very simple algo-plugin and will not fool people into thinking that they are getting OUR beloved Nebula. Second, the devs there are pretty cool and I bet that they are not even trying to ride the coat-tails of Acustica Audio, but instead are using the word Nebula to communicate a concept rather than a brand name. I guess I am saying that there may be something for all parties to squabble over in the legal battlefield, but I hope everyone is friendly because I like and respect both sides pretty equally. Play nice y'all.

Edit:
@ericus; Did you think of writing to the nice folks at MSI? They are cool people and deserve to be spoken to, in my opinion. But I just did so that they can all resolve this quickly and hopefully without any hassles.
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Re: Can these people use the name Nebula for their VST reverb?

Postby ngarjuna » Mon Sep 03, 2012 11:07 pm

Obviously there are a lot of possible jurisdictions in which this question comes into play. I'm quite sure there are no experts on this subject in any and all possible jurisdictions...and it has been a little while since I studied trademarks and service marks...so take this not as legal advice (never take my advice as legal advice as I am not a lawyer!) but simply the best of my recollection...

Unless "Nebula" is a trademark or service mark, it's not reserved for anyone's use in the US. Even then in order to maintain one's reserved marks one has to actively litigate frequently (to demonstrate not only that singular reserved use of the trademark/service mark is justifiable, but also to demonstrate that there is an impending need to differentiate the product in question from other possible products using that name). Otherwise names aren't really available for that kind of reservation. Names and titles are a real pain to reserve (thankfully, because every possible name or title has already been used somewhere so we'd all be out of luck trying to title our art/work).
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Re: Can these people use the name Nebula for their VST reverb?

Postby ericus » Mon Sep 03, 2012 11:49 pm

[quote="richie43"]Edit:@ericus; Did you think of writing to the nice folks at MSI? They are cool people and deserve to be spoken to, in my opinion. But I just did so that they can all resolve this quickly and hopefully without any hassles.[/quote]


No, I didn't contact them. I just wanted Giancarlo and the team to be aware of this new product bearing the same name.


On a lighter note, there was another guy in town that had the same name as myself, same spelling and all. He also played bass, same instrument as yours truly. While I was doing sessions and playing a bunch of different gigs as a pro bass player, this guy played punk rather badly...and I'm very polite...lol. There were a few times when people got confused like: What? You wanna call that punk player to do my latin-jazz jingle? ;-)
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