Mr. Smith:
I am not picking a fight with you, nor did I make your case. If you think I
did you have misunderstood what I said.
Richard Shepard
[EMAIL PROTECTED] wrote:
Ah, Richard; Thank You, Thank You, Thank You.
You have made my case for me.
The word "Libertarian" standing alone cannot be trade marked, just as the
word "party" standing alone cannot be trademarked. For a trade mark to be
infringed the whole trade marked phrase must be used.
I have been around this block several times on both sides of the issue. You
are not going to win this one. But if you want to press the issue I suggest
that you start with the Catholic Church who has been using the word regularly
for
400 years in their theology classes.
You are correct that if I want to use the word party after the word
libertarian I would be in violation of that trademark if I did not use the word
American in front of the other two words.
If you want to take a swing at it, go right ahead. I am prepared on this one.
I will claim damages.
John Wayne Smith, CEO
1000Planets, Inc.
Building a Road to the Stars.
A Libertarian Candidate for Florida Governor 2006
203 W Magnolia Street
Leesburg, Florida 34748
Phone 352 787 5550
Email: [EMAIL PROTECTED]
In a message dated 7/16/2006 11:45:32 AM Eastern Daylight Time,
[EMAIL PROTECTED] writes:
> There is, sad to say, nothing common about the word. If it were otherwise
> we would not be barking around in the galleries waiting for admittance to the
> debate floors.
>
> Several years ago the NLP trademarked the name "Libertarian Party." It is
> available for use only by NLP affiliates. Mr. Smith may be entitled to claim
> he
> is a representative of the "American Libertarian Party," but only if he
> always includes the word "American" and only if the courts deem the
> distinction
> clear enough as to not confuse the public.
>
> Richard Shepard
[Non-text portions of this message have been removed]
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