Kik's side of yesterday's story
medium.com
medium.com
Also, who uses that kind of language anyhow? Certainly not a professional communicating in good faith. To be honest "Kik's sides of yesterday's story" doesn't make them look good at all. NPM doesn't look very good either.
Putting lipstick on a pig doesn't change the fact that it's a pig. Being superficially polite, by using polite-sounding words in a threat, is still a threat.
https://trademarks.justia.com/858/93/kik-85893307.html
Based on this description of service the `kik` npm package does not infringe on the Kik.com trademark in any way.
> In this case, we believe that most users who would come across a kik package, would reasonably expect it to be related to kik.com
By this logic a trademark will automatically be awarded to the largest company regardless of all other factors but this is not how Trademark law works.
Is Azer's use of `kik` disingenuous or misleading in any way? I would say no. His use of `kik` is in reference to "Kick starter" which has nothing to do with Kik.com [who has a Trademark registered](https://trademarks.justia.com/858/93/kik-85893307.html) with the following description...
> Computer software for use with mobile devices, namely, computers, personal digital assistants (PDAs) and mobile phones for downloading, displaying, transmitting, receiving, editing, extracting, encoding, decoding, playing, storing and organizing text, sound, images, audio files and video files
Azer's `kik` package is clearly not infringing on kik.com marketshare and his use of the term "kik" appears to be valid as it relates to "Kick starter" and has nothing to do with "downloading, displaying, transmitting, receiving, editing, extracting, encoding, decoding, playing, storing and organizing text, sound, images, audio files and video files".
npm Inc. should return this package name back to Azer. Kik.com is overreaching here and I see no case law to suggest that Kik.com should get this name handed to them just because they are the larger entity.
Ironically we will be witnessing the same thing if an hypothetical company 'leftpad' threatened the developer to change the name.