NeoPets.com attempts to trademark NeoMail

NeoPets.com, an online virtual pet community, is currently attempting to trademark the term NeoMail, with a vague, sweeping description of goods/services covered, consisting solely of “Electronic-mail (E-Mail) Service.” They have been notified of the fact that the open-source webmail client NeoMail has been using the name, providing a function falling under the same categorization, since February 15th, 2000, and their application claims they didn’t first use the term until April of the same year. Despite the notification, they are pressing on towards registering the trademark, forcing the NeoMail author further into costly legal procedures if the trademark is to be opposed, and common law rights are to be defended. The author is requesting feedback and assistance from the open source community. Full details and a transcript of correspondence thus far can be found neomail.sourceforge.net.
–Ernie Miller