SPAMARREST PRODUCT NOT FOR STAMPING OUT CANNED MEAT (8-2003) When someone says the word “spam,” what’s the first thing you think of? If you have an e-mail address, most of you would probably think of unwanted commercial e-mail. Spam is a term used to describe that most annoying of all electronic correspondences, the e-mail advertisement. But those who were alive before the personal computer age remember that Spam, with a capital letter, is also a brand name for meat in a can. It’s manufactured by Hormel Foods, who has had no objections to people using its trade-marked brand name as a synonym for unsolicited commercial e-mail. The company does, however, take issue with the use of its logo in conjunction with the slang term spam. And it is objecting quite vigorously to the use of its brand name as part of another company’s brand of software that is designed to eliminate spam (the e-mail kind) from people’s lives. SpamArrest filed papers with the trademark office earlier this year. The company specializes in blocking unwanted e-mail. But Hormel Foods objected, filing two challenges with the U.S. Patent and Trademark Office to try to prevent SpamArrest from using its name. SpamArrest says it has nothing at all to do with the canned meat, and therefore should be allowed to use the name in its trademark. But Hormel isn’t buying it and wants SpamArrest to cease and desist. The slang term was originally coined in homage to a classic Monty Python comedy sketch. The British comedy troupe’s sketch was set in a restaurant. Almost everything on the menu included Spam, such as “sausage Spam Spam bacon Spam tomato and Spam,” or “Lobster Thermidor au Crevette with a mornay sauce served in a Provencal manner with shallots and aubergines garnished with truffle pate, brandy with a fried egg on top and Spam.” After each time the waitress recited a list from the menu, a group of Vikings at the next table would break out into a song about Spam, thus drowning out the waitress who got increasingly angry. In similar fashion, spam e-mails often drown out the legitimate e- mail messages from the inbox of many computer users each day. Some users get far more spam messages than legitimate ones. It is understandable that Hormel wouldn’t want its brand name used in association with a service that wants to “stamp out” something that might be confused as one of its own products. But a reality check is in order here. Very few people are confused or gullible enough to believe that SpamArrest is a company that wants to do away with canned meat. Some intellectual property lawyers give Hormel no more than a 50 percent chance of winning its case. Personally, I like Spam (the meat), though I detest spam (the junk e-mail). And I don’t believe sales of Spam (the meat), will suffer because of SpamArrest. So Hormel should just get over it.