metadata?

[Joseph McCollum]

I think this claim has been decided as frivolous (or it ought to be).  In
any case, I would like to know if "metadata" existed as a generic word
before 1986 (when the trademark was issued)...My colleagues are sure that
it did, but maybe Barry P. or others could confirm it.
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Please be advised that our firm represents The Metadata Company LLC which
is
the holder of all rights in the trademark METADATA as applied to computer
programs and computer program manuals.  Our client's mark is registered
as
U.S. Trademark Registration Nos. 1,409,260 and 2,185,504, copies of which
are enclosed herewith.  Our client's Registration No. 1,409,360 has
become
incontestable as provided by 15 U.S.C. § 1065.

It has come to our client's attention that your organization has
published
documents on the Internet in which our client's registered trademark,
METADATA, has been misused, and has invited interested entities to
download
a copy of a document with this misused and infringing form of our
client's
mark.  We refer specifically to your use at your web [site] of our
client's
mark in your description of an "ANZLIC Metadata Entry Tool (MET)".

Our client has no objection to the use of the two separate words, "Meta
Data" or even the hyphenated term "Meta-data" to describe data about data
or
as a title for any software you wish to provide.  However, the single
unhyphenated term, "METADATA" is a federally registered trademark in the
United States which belongs exclusively to our client.  We would
appreciate
it if you would provide us with your written commitment that you will
ensure
that your future web site publications and any other publications do not
misuse our client's registered trademark, METADATA.
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