San Francisco, Calif., Dec. 12, 2000 A federal judge has granted data management software provider Evoke Software's request for an injunction protecting Evoke Software's trademark from further infringement by Evoke Communications Inc., a Webcasting and software service provider. The injunction prohibits Evoke Communications from engaging in any advertisement until the trial on Evoke Software's claims that Evoke Communications' use of the name ``Evoke'' constitutes trademark infringement. The injunction will begin January 12, 2001.
Federal district judge William Alsup found clear evidence of ``massive confusion'' regarding the two companies caused by Evoke Communications' media blitz using the ``Evoke'' name. In granting the injunction, Judge Alsup repeatedly cited Evoke Communications' admitted efforts to ``overshadow'' Evoke Software and to force Evoke Software to change its name. ``At stake is Evoke Software's good will, and its control of its mark,'' Judge Alsup noted in his order. Looking ahead to a May, 2001, trial Judge Alsup stated that ``Evoke Software has demonstrated that it will likely succeed on the merits'' of its claims of trademark infringement. He stopped short of more restrictions before the trial because he believes by doing so Evoke Communications ``faces an end to its business.''
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