On Tuesday 04 May 2004 02:30, Rick Moen wrote:
> 1. With one legal exception that doesn't apply here, a mark is valid only
> within the trade or industry in which it's established. Thus, you
> have every right to sell "Red Hat Lemonade" outside Matthew Szulik's
> window or anywhere else.
It would be nice if that were true, but I don't think it is.
You will not be able to register eg "Coca Cola Shampoo" as a trade-name.
The Registrar simply looks to see if there is a similar name in use.
I don't think he inquires what that use is.
I think there are lots of examples of people being pursued
for using a known brand-name well outside its original use,
eg didn't the Beatles bring a case against Apple Computer,
and who was it who sued Mobilix? I just recall it was some unlikely crowd.
--
Timothy Murphy
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