MOO-cows Mailing List Archive
Re: Cease and Desist!
>>>>> "Peter" == H Peter Anvin <email@example.com> writes:
Peter> Followup to: <199606022016.PAA02822@eli.wariat.org> By
Peter> author: "Robert J. Brown" <firstname.lastname@example.org> In newsgroup:
>> First off, this guy has no idea what he is talking about,
>> since you cannot copyright a company name, although you can
>> trademark it. Just because he has named his company does not
>> automatically infer protection on that name.
>> Due to his ignoprant statement, I doubt that he has actually
>> registered his company name in his home county, much less at
>> the state level. He is not elligible for trademark protection
>> until he has done interstate commerce (meaning the sale of
>> goods or services across state lines), and ebven then, he must
>> file for it after a search, and the protection is only in the
>> areas he registered it under.
Peter> INCORRECT - Trademark protection applies whether or not it
Peter> has been registered (and you are not required to do a
Peter> search, although it is generally wise since someone else
Peter> may have an unregistered conflicting trademark.) However,
Peter> if unregistered you can not sue for legal costs.
Again, I think you are confusing copyright with trademark. Also, I
speak only with regard to US laws on trademark and copyright. Berne
convention means the protection is similar in most countries, but
there is no similar agreement on trademarks.
>> His statements show that he does not know what he is talking
>> about. I suspect he made up a company name, but has not
>> obtained the required state or federal taxpayer ID number for a
>> corporation, much less registered a trademark.
Peter> That is legal. A trademark is defined by use, not by
Peter> registration. He needs to have a "ficticious name
Peter> statement" filed in his home county, however.
This is true, but if a trademark is not registered, and someone else
registers it first, he is out of luck. It is not like a patent, which
is covered from date of invention, not date of filing.
>> If you really want to goose him, register the trademark
>> yourself, and the sue him! This has been done before: re the
>> great case of Bonanza steak houses vs Ponderosa steak houses.
Peter> Won't work; his trademark would have precedence (if it has
Peter> been used in interstate or international commerce.)
Peter> -hpa -- PGP public key available - finger
Peter> email@example.com "The earth is but one country, and mankind
Peter> its citizens." -- Bahá'u'lláh Just Say No to Morden
Peter> * Save Babylon 5: http://www.babylon5.com/cmp/support/
Subject Index |