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Re: [ox-en] Patents and Copyright, but what about Trademarks?



On Thu, Nov 06, 2003 at 07:45:17PM -0500, Russell McOrmond wrote:
Did you know that Network Associates trademarks include the following:

BOMB SHELTER

  Network Associates can go ahead and sue me for using their trademarks.  
Lock me in a BOMB SHELTER, with a Guard Dog outside. All I can say is
"More Power To You" as I will not CLEAN-UP my act.  They do have a very
weird way of using law toward BUILDING A WORLD OF TRUST ;-)

Actually, none of these would be trademark violations. Go ahead and
look up the trademarks in question. I've gone ahead and done BOMB
SHELTER for you. It's limited to to products in the field of,
"computer software, namely, crash protection software."

Network solutions could not stop you from calling your bomb shelter a
bomb shelter or referring to bomb shelters in advertising. What they
could stop you from doing is calling your software, especially your
crash protection software, "Bomb Shelter." As a person who likes to be
able to know what I'm getting when I get a piece of software, I find
it difficult to be as hard on trademarks as you are being here.

That said, trademark enforcement can be nasty of course. I know that
Jockey underwear sued Seattle's local "Super Jock an Jill" sports
supply store for trademark infringement. I don't see any way that
people would be confused or anyway that the store could be unfairly
benefiting from goodwill created by Jockey. It's these situations and
this type of enforcement where modern trademarks really go rotten.

Regards,
Mako

-- 
Benjamin Mako Hill
mako debian.org
http://mako.yukidoke.org/

_______________________
http://www.oekonux.org/



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