But didn't McDonald-Douglas exist before McDonald's.... Lucifer wrote:
> There's no problem using the same name as an existing company as long > as your new company is in a different industry. McDonald's > Restaurants, to my knowledge, has never tried to sue McDonald-Douglas, > as the latter company manufactures aircrafts, and it's highly unlikely > consumers would be confused. Naming a restaurant McSushi, as > referenced in another post, does seem an obvious attempt to associate > the restaurant with McDonald's in consumers' minds, possibly even to > fool consumers into thinking McDonald's has opened a chain of sushi > places. > > The issue here is that Apple Computer makes agreements with Apple > Records, then blatantly breaks the agreements a few years down the line: > > * The initial settlement allowed Apple Computer to use the name as long > as they didn't manufacture computers with sound. A couple years later, > Apple manufactured computers with sound, and went so far as to name a > system sound "sosumi." > > * That case was settled, with the new provision that Apple Computer > never get into the business of selling or marketing music. A few years > later, Apple began selling and marketing music. > > It's pretty obvious Apple was aware they were breaking the first > agreement, as they basically baited Apple Records with the "so sue me" > thing. They must have been well aware this suit was coming, too. It > doesn't help that Jobs, a huge fan of the Beatles, has admitted he > named his computer company after their record label. > > And yeah, a company can weaken its case if it doesn't speak up when its > mark is being clearly infringed. If Apple Records didn't sue now, they > may not be able to prevent someone in the future from establishing, > say, a radio station called "WAPL-FM: Apple Radio 105.7!" The radio > station could argue that Apple Records didn't seem to mind when Apple > Computer distributed music using the Apple name, so they shouldn't be > concerned that someone else is also doing so. > > Rev > > On Monday, September 15, 2003, at 10:48 AM, [EMAIL PROTECTED] wrote: > > > A Monty Python Quote would probably explain it best: "Well now, > > that's just the sort of blinkard, phillistine pig ignorance I'Ve COME > > TO EXPECT FROM YOU NON CREATIVE GARBAGE!!" > > That is stupid. i mean, all out, down right stupid. iTunes would > > have had to have happened sonner or later, or Windows would have done > > it first. Besides, I fail to see how this hurts the beattle's > > business. Most people around now acknowledge the name of the beattles > > as a name in rock and roll history, and could probably name a few > > songs, but about as far as it goes. I never even knew that their > > company had the name "Apple" on it. This just makes them sound like a > > bunch of whining little babies. > > I hope that didn't offend any Beatles fans out there, but that's a > > stupid lawsuit if I ever heard one. > > Brian > > -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- > "They that can give up essential liberty > to obtain a little temporary safety > deserve neither liberty nor safety." > -- Benjamin Franklin > > -- > The iMac List is sponsored by <http://lowendmac.com/> and... > > Small Dog Electronics http://www.smalldog.com | Refurbished Drives | > - Epson Stylus Color 580 Printers - new at $69 | & CDRWs on Sale! | > > Support Low End Mac <http://lowendmac.com/lists/support.html> > > iMac List info: <http://lowendmac.com/imac/list.shtml> > --> AOL users, remove "mailto:"; > Send list messages to: <mailto:[EMAIL PROTECTED]> > To unsubscribe, email: <mailto:[EMAIL PROTECTED]> > For digest mode, email: <mailto:[EMAIL PROTECTED]> > Subscription questions: <mailto:[EMAIL PROTECTED]> > Archive: <http://www.mail-archive.com/imac-list%40mail.maclaunch.com/> > > --------------------------------------------------------------- > >The Think Different Store > http://www.ThinkDifferentStore.com > --------------------------------------------------------------- -- The iMac List is sponsored by <http://lowendmac.com/> and... Small Dog Electronics http://www.smalldog.com | Refurbished Drives | - Epson Stylus Color 580 Printers - new at $69 | & CDRWs on Sale! | Support Low End Mac <http://lowendmac.com/lists/support.html> iMac List info: <http://lowendmac.com/imac/list.shtml> --> AOL users, remove "mailto:"; Send list messages to: <mailto:[EMAIL PROTECTED]> To unsubscribe, email: <mailto:[EMAIL PROTECTED]> For digest mode, email: <mailto:[EMAIL PROTECTED]> Subscription questions: <mailto:[EMAIL PROTECTED]> Archive: <http://www.mail-archive.com/imac-list%40mail.maclaunch.com/> --------------------------------------------------------------- >The Think Different Store http://www.ThinkDifferentStore.com ---------------------------------------------------------------
