Bruce Johnson wrote: > On Feb 15, 2009, at 7:35 PM, richardsan wrote: > > >> don't be too hasty, gentlemen: >> http://news.cnet.com/8301-13579_3-10164264-37.html?tag=newsFeaturedBlogArea.0 >> > > While the subject matter of the applications is totally juvenile, the > actual legal argument here is straight-up trademark case law, > particularly over trademarks using common words. > > The use of common-word trademarks is generally held to be very narrow, > in that you can only bring a complaint when the infringer is selling > something that competes directly with your usage of the trademarked > words. > > Microsoft owns a trademark on the word Windows, but this doesn't mean > Pella has to change the name of what they're selling. It DOES mean > that I can't sell a program called "Windows Pull My Finger" without > either getting permission or getting sued by Microsoft. (Air-O-Matic > could also sue me, but with less chance of success, because I'm > selling a computer program for a completely different platform.) > > This might get interesting if MSoft calls it's new stores The Windows Store as, I would imagine, there are window stores in towns calling themselves The Windows Store.
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