> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED]]On Behalf Of Robert Kozak
> Sent: Wednesday, April 25, 2001 11:24 AM
> To: [EMAIL PROTECTED]
> Subject: Re: [Ogf-l] Forgotten Blank
>
>
> From: "Martin L. Shoemaker" <[EMAIL PROTECTED]>
> > But those uses are in different industries. "Apple" is a trademark both
in
> > music and in computers; but I would not recommend starting "Apple
Software"
> > or "Apple Tunes" as business names. Trademark law is concerned about
> > confusion (not just infringement or dilution); and the chance of
confusion
> > is a lot higher when both names are in the same industry.
>
> I would also like to point out that Apple Computer was sued by the Beatles
> Apple record label and I believe they settled when Apple bought the rights
> to use the Apple name in software.
Maybe. I've heard this often, but never seen any citations on it.
But both uses are registered trademarks with the USPTO. That is the main
point: that a trademark is relevant to how it is used, and that just because
you have two confusible trademarks in separate domains does not mean you can
get away with a confusible trademark in a domain where a similar trademark
is already registered.
Martin L. Shoemaker
Martin L. Shoemaker Consulting, Software Design and UML Training
[EMAIL PROTECTED]
http://www.MartinLShoemaker.com
http://www.UMLBootCamp.com
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