Nvidia threatens NGOHQ over SLI Patch

[Widkidone]

From the NGOHQ Website:
A few days ago we have received the following email:

Quote:
We are counsel for NVIDIA Corporation ("NVIDIA"). We write to express our client's very serious concerns about the "SLI" patch that is being offered to Internet users on your website at www.ngohq.com.

As you are undoubtedly aware, NVIDIA is a market leader in graphics display technologies. In particular, our client uses its SLI trademark in connection with its proprietary software and associated hardware to allow computer users to combine multiple NVIDIA graphics solutions into a single system. Not surprisingly, NVIDIA has applied to register the SLI trademark and other marks containing the SLI term in the United States, under Application Serial Nos. 78/458,545, 78/511,794, 78/511,793, 78/512,171, 78/512,166, as well as in a number of foreign jurisdictions, including Israel. Several of these applications have been allowed and/or have published in their respective jurisdictions, including in the United States.

Your website purports to offer a "SLI Patch" ("SLI Patch") to users of your website apparently for the purpose of combining multiple graphics boards based on chips from providers other than NVIDIA. We have attached an exemplar of such use at Exhibit A to this letter. Your SLI Patch appears intended to circumvent NVIDIA's measures to protect its copyrights. Based on the foregoing, NVIDIA has claims against you for violations of the anti-circumvention provisions of the Digital Millenium Copyright Act ("DMCA"), 17 U.S.C. § 1201 et seq. The DMCA's anti-circumvention sections provide that an injured party may seek injunctive relief, actual damages, and statutory damages. In addition, while NVIDIA has no objections to legitimate discussions of its products, the SLI trademark here is used in connection with a patch that does not originate from NVIDIA. For this reason, NVIDIA is concerned that use of the SLI name in connection with the SLI Patch is likely to lead to consumer confusion as to whether the product is sponsored by NVIDIA.

NVIDIA demands that you and the ngohq.com website immediately (1) remove any links to the SLI Patch or any software downloads intended to circumvent NVIDIA's measures to protect its copyrights and (2) you cease use of the SLI name in connection with any such patch. We also demand you provide written assurances within five (5) days from the date of this letter that you agree to comply with (1) and (2) going forward. We are hopeful that this matter can be resolved amicably, and look forward to receiving your written assurances as soon as possible. While, again, NVIDIA respects your rights to maintain legitimate product discussions on your website, NVIDIA must take steps to preserve its valuable copyright and trademark rights.


If Nvidia wants to solve this nicely then there is a way to discuss this matter with us. And that’s by PR. There is a way to treat and to contact us on a professional level. Sending us threats to the press is surely not the respected and honored way to do so. Just a reminder, that patch came from Asrock. Our administration does not reside inside the United States and according to the officials in our country, we didn’t violate any laws according to your accusations, also Nvidia didn’t even bother to register it in our country, they didn’t even bother to open an office here. But, if this patch bothers Nvidia Corporation then we have no problem at all to remove it but this will not happen by any kind of threat and demanding as stated in the letter sent to us, if you came to me in a friendly manner. That patch was removed a long time ago. I would like to mention that no one from Nvidia corporation has contacted me (except their attorney). Nvidia, there are ways to solve things with me, and that’s by friendly media relations, not threats.

Source

Update!

[Tefra]

that was expected from nvidia, but i was expecting that to happen much sooner.