[thelist] copyright or wrong?

Keith cache at dowebscentral.com
Mon Jul 15 00:23:04 CDT 2002


At 03:26 PM Sunday 7/14/2002, AJ wrote:

>I'm not a lawyer either.  But I thought that this had been settled long ago.
>  "stimilon.com" and 'stimilon.org' and 'Stimilon International' are three
>separate things.

It was settle 15 years, or so, ago. They are NOT necessarily three separate
things when it comes to trademark.
The jeans maker Jourdache Ltd. sued a woman in New Mexico because she
manufactured a brand of jeans for larger women under the name Lardache.
Jourdache argued that the consumer could easily be confused as to the
origin of the product or their endorsement of the product. Jourdache won.

In Walmart vs Samara 03/22/200 the Supreme Court said, under the trademark
Lanham Act, in §43(a), infringement exists when "the use by any person of
'any 
 symbo[l] or device 
 likely to cause confusion 
 as to the origin 

of his or her goods.'" That's pretty broad and goes beyond a literal
translation of trademark to embrace protection of any distinctive mark or
symbol against unfair trade practices that could confuse consumers.

>close to their names.  In theory, I could register as "General-Motors.com"

If you did, the case would probably not end up in court because you would
not be able to find an attorney who'd represent you. No attorney (not even
ones on The Practice) could be convinced that consumers could not be
confused as to the origin of any products or claims made on that site. And
carrying a disclaimer on the site would have no bearing, no more than me
running around in a car equipped with police markings, lights and siren
wearing a t-shirt that said "Not Police".

my $.02 worth


Keith
====================
cache at dowebscentral.com




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