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



On Thu, Nov 13, 2003 at 04:06:13PM -0500, Russell McOrmond wrote:

  I am hard on trademarks as I believe it is the mark "Network Solutions"
that should be granted a monopoly, not the phrase "bomb Shelter".  I
should be able to create and market a "FLORA Community Consulting Bomb
Shelter" piece of software that is recognized as different than the
"Network Solutions Bomb Shelter", regardless of the functionality of my
software.

Ah. I was under the impression you were taking a harder line than
this. Perhaps I was a little harsh in response.

  We both seem to draw the line, but draw it at a different place.  I
believe people know better what you are getting with my line-drawing than
your own given granting monopolies on words makes it harder to describe a
product in a larger economy, not easier.

Please don't confuse my own position on trademarks with my explanation
on how they work now. My message sought to explain why your examples
and what I thought was your interpretation of trademark law was more
broad than what trademark law actually does (or is supposed to do). At
no point did I offer this as my own belief for how things should be.

I'm not sure how I feel about a a trademark for "bomb shelter" for a
piece of software.

Regards,
Mako


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

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