my response is at the bottom. swerve
> From: <[EMAIL PROTECTED]>
> Date: Tue, 13 Mar 2001 17:14:43 -0500 (EST)
> To: [EMAIL PROTECTED]
> Cc: [EMAIL PROTECTED]
> Subject: RE: Re: Domain Disputes - TUCOWS is now acting as judge and jury!!!
>
> On Tue, 13 Mar 2001 [EMAIL PROTECTED] wrote:
>
>>>> After reading the decision for this case, I really must ask... is this
>>>> "foamy" product sold in the US? Personally I have never heard of it...
>>>
>>> Yes, it is...just look in the shaving stuff the next time you're in the
>>> supermarket or drugstore.
>>
>> As a man who has been shaving for the past 16 years and never having heard
>> of a product named "foamy", I wouldn't say the trademark was "famous" as
>> they claim. Sure they have a trademark on the name but how many people
>> can tell you what "foamy" is if you walk up to them on the street and
>> ask?
>>
>> Sorry for the thread drift... I just want to dispute Gillette's claim that
>> "foamy" is a famous mark and deserves extra special protection. ;)
>
> Trust me...I am looking at a travel-sized can of shaving cream that says
> "Gillette(R) Foamy(R) Regular Shaving Cream". I've had this for a few
> months (only use it for travelling). If Jack really wanted to have a
> snowballs chance in hell of keeping this, he should have registered a
> trademark for it, or shown prior art.
I absolutely disagree. Trademarks on common words only give the trademark
holder exclusive use of that word under very specific conditions, in this
case Gillette can prevent others from using Foamy as a shaving cream.
It is also quite descriptive, as in foam, which is what shaving cream is.
You cannot trademark descriptive words as in apple, and not allow others who
sells apples to use the word apple.
Imo, Jack has nothing to prove here. Foamy is an English word. We all have
the right to use the English language in ways that seem fit. Since Jack
didn't sell shaving cream, he did not violate Gillette's trademark.
I will guess that every single word most of us use everyday is trademarked.
Here's the dictionary.com's definition of foamy.
foamy adj 1: relating to or containing gas bubbles [syn: frothy] 2:
producing or covered with lathery sweat or saliva from exhaustion or
disease; "the rabid animal's frothing mouth" [syn: foaming, frothing] 3:
emitting or filled with bubbles as from carbonation or fermentation;
"bubbling champagne"; "foamy (or frothy) beer" [syn: bubbling, bubbly,
foaming, frothy, effervescing] 4: covered with or resembling small bubbles
as from being agitated by beating or heating; "the bubbling candy mixture";
"a cup of foaming cocoa"; "frothy milkshakes"; "frothy waves"; "spumy surf"
[syn: bubbling, foaming, frothing, spumous, spumy, sudsy]
search the us database.
Don't be fooled. Foamy is a word. It's our collective word. It is not
owned or controlled by any corporation or person. Common words must have
more judicial power than their trademarked cousins, otherwise language
itself will be commodified and scarcified. Know your rights.
Look at the word, Amazon, the word Yahoo, and family name, McDonalds.
These are way more important, imo, than corporations trademarks.
anyhow, enough of this foamy talk for me. Foamy as in the word... our
word,... not the bleeping trademark.
swerve
>
> I still don't like the vagueness of the ICANN rules, though...
>
> James Smallacombe PlantageNet, Inc. CEO and Janitor
> [EMAIL PROTECTED] http://3.am
> =========================================================================
>
>
