Spam (electronic) - Trademark Issues

Trademark Issues

Hormel Foods Corporation, the maker of SPAM luncheon meat, does not object to the Internet use of the term "spamming". However, they did ask that the capitalized word "Spam" be reserved to refer to their product and trademark. By and large, this request is obeyed in forums which discuss spam. In Hormel Foods v SpamArrest, Hormel attempted to assert its trademark rights against SpamArrest, a software company, from using the mark "spam", since Hormel owns the trademark. In a dilution claim, Hormel argued that Spam Arrest's use of the term "spam" had endangered and damaged "substantial goodwill and good reputation" in connection with its trademarked lunch meat and related products. Hormel also asserts that Spam Arrest's name so closely resembles its luncheon meat that the public might become confused, or might think that Hormel endorses Spam Arrest's products.

Hormel did not prevail. Attorney Derek Newman responded on behalf of Spam Arrest: "Spam has become ubiquitous throughout the world to describe unsolicited commercial e-mail. No company can claim trademark rights on a generic term." Hormel stated on its website: "Ultimately, we are trying to avoid the day when the consuming public asks, 'Why would Hormel Foods name its product after junk email?".

Hormel also made two attempts that were dismissed in 2005 to revoke the marks "SPAMBUSTER" and Spam Cube. Hormel's Corporate Attorney Melanie J. Neumann also sent SpamCop's Julian Haight a letter on August 27, 1999 requesting that he delete an objectionable image (a can of Hormel's Spam luncheon meat product in a trash can), change references to UCE spam to all lower case letters, and confirm his agreement to do so.