Adam wrote: >Can they actually sue for using the same name for a software productivity suite?
The Kellog Company seems to think that one can eat a Tin Pan. So the answer to your question is a most emphatic "yes". > the name Open Office or OpenOffice (or both) first, then there is no contest, > correct? Not really.The WNBA had an out of court settlement, because they violated the trademark rights of the Seattle Storm. Had the actual owners of the trademark _Seattle Storm_ had any money, the WNBA would not have settled out of court, and not paid a pittance in damages. > IANAL, but this seems pretty cut and dry to me. Welcome to the Byzantine world of Intellectual Property Rights, and the laws that compose them. With most branches of law, an attorney can make passable, if not great advice, for the rest of the branch of the law that s./he specializes in, even if it isn't their specialty. [EG: A divorce lawyer can give passable advice about family law. A criminal lawyer can give passable advice about DUIs. etc.] With Intellectual Property Law, if a question is even slightly outside of their speciality, their advice is no better than that of a layperson. [You don't talk to a trademark lawyer, you talk to a trademark lawyer, that specializes in a specific industry, in a specific state, or country. (Your California Trademark layer for the movie industry can't help you with questions about California Trademark law for the computer game industry. Neither of them can help you with Federal Trademark law for the movie, or video game industry.)] FWIW, IANAL. > Do you get what I'm saying? Picking the right name for a product is an inexact science. The name has to be at the intersection of the familiar, and the novel. At the same time, it also has to express/represent the product. xan jonathon -- The lines move. A static treatment of the Changes would be something of a joke. Carrin Dunne --------------------------------------------------------------------- To unsubscribe, e-mail: [EMAIL PROTECTED] For additional commands, e-mail: [EMAIL PROTECTED]
