On Mon, Feb 16, 2009 at 12:14 PM, Mark <[email protected]> wrote: > > 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. > > or if you were a real estate developer, with condos that had scenic views
'window vistas' could be another headache... -- At 11:23 AM -0600 11/29/08, Chris Bischoff said: Just nod and smile, that's a smart pair you have there. Mugsy replies: why thanks, (blush). --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "StrataList-OT" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/StrataList-OT?hl=en -~----------~----~----~----~------~----~------~--~---
