Bill Anderson wrote:
>
> Bill Anderson wrote:
> ...
> > The archives show that Loren was using this term for this usage by
> > nearly a month. if nothing else, the timing of the application
> > coinciding with the introduction of the term by Loren is at best
> > suspicious. In fact, it occurs on the very day that Loren made the
> > announcement of the howto.
>
> And according to the USPTO:
>
> Federal registration is not required to establish rights in a trademark.
> Common law rights arise from actual use of a mark. Generally, the first
> to either use a mark in commerce or file an intent to use application
> with the Patent and Trademark Office has the ultimate right to use and
> registration.
Sorry, but 'breadcrumbs' as a description of various types
of web-navigation features has been in use quite a bit
longer than this. Try searching http://www.useit.com/ for
the term 'breadcrumbs' and you'll come up with some
documents dating to 1994.
So Loren does not 'win', except that this Charles Knerr
person has absolutely no claim on the term.
Michael Bernstein.
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