MOO-cows Mailing List Archive
Re: Cease and Desist!
Followup to: <9606022001.AA17670@tom.eng.mvision.com>
By author: email@example.com (Tom Ritchford)
In newsgroup: local.moo
> Neither of these is at all effective...
> HOWEVER, there are many, many classes of copyright, depending on what
> business you are in. Often people get several but you'd not get all
> of them. That would mean that a Mystical Crossroads restaurant would
> not conflict with a fabric designer of the same name.
> SO, I'd ask him what category of copyright he has... it's almost certainly
> nothing that conflicts with the usage in the MOO.
Please don't confuse trademarks with copyright (the adjective of
which is copyrighted, by the way -- a pet peeve of mine). They are
*completely* different kinds of intellectual property, and obey
completely different rules.
What you mention above is correct for trademarks -- a trademark
applies to a specific business category.
> Even if you are violating the copyright, all he can get out of you
> is damages. He'd have to prove that you had actually cost him money!
> Fat chance...
Not true. All he would have to prove is infringement, and if his
trademark is registered, he can sue for legal costs.
> He could also get an injunction to prevent you using the name even if
> you had not cost him money... but then you just rename the room.
> He'd basically be certain to lose money if he sued you.
No doubt. Odds for him winning this one sounds like about
1:10^(bullshit factor in Congress).
> Copyright law is NOT like liability law. I think that you could safely
> even just ignore him! But, by all means, find out what category he holds
> so you can make an informed decision.
> DISCLAIMER: I learned something about this because we are in a copyright
> dispute... I'm not a legal professional and I make mistakes in general!
Same disclaimer applies. THIS IS NOT LEGAL ADVICE - FOR ME TO PROVIDE
LEGAL ADVICE WOULD BE AGAINST CALIFORNIA LAW.
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