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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
SEPTEMBER 2, 1997
DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED)
NOTIFY CORPORATION
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(EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER)
CALIFORNIA 000-23025 77-0382248
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(STATE OR OTHER JURISDICTION (COMMISSION FILE NUMBER) (I.R.S. EMPLOYER
OF INCORPORATION) IDENTIFICATION NO.)
1054 S. DE ANZA BLVD. SUITE 105
SAN JOSE, CALIFORNIA 95129
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(ADDRESS, INCLUDING ZIP CODE, OF PRINCIPAL EXECUTIVE OFFICES)
REGISTRANT'S TELEPHONE NUMBER, INCLUDING AREA CODE:
(408) 777-7920
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Item 5. Other Events.
On September 2, 1997, Registrant received a letter (the "Letter") from
counsel to Airmedia, Inc. ("Airmedia") stating that Airmedia owns a federal
trademark registration for the mark "Notify" and alleging that Registrant's use
of the mark "Notify" in connection with the sale of its products and in its
Internet domain name constitutes an infringement of Airmedia's trademark rights.
The Letter demands that Registrant immediately cease using the mark "Notify" and
any similar trademark or trade name. Registrant has confirmed that Airmedia owns
federal trademark registrations for the mark "Notify" and for several other
marks using the term "Notify."
Registrant has been using the trade name "Notify Corporation" since
December 1995 without previous challenge, and registrant's products are not
marketed under any "Notify" brand. Registrant intends to respond to the letter
by denying any infringement and denying any possibility of damage to Airmedia.
Registrant does not believe that the dispute will have a material adverse effect
on Registrant's business, results of operations or financial condition.
however, there can be no assurance that the matter can be resolved without
litigation, without the payment of damages or amounts in settlement of the
claim, or without a change of Registrant's name.
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SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
NOTIFY CORPORATION
Dated: September 15, 1997 BY: /s/ GERALD W. RICE
_______________________
Gerald W. Rice,
Chief Financial Officer
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