Timothy Murphy wrote:
>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.
>>AFAIK ( & IANAL) the issue is whether you're trying to "pass off" your
product as being endorsed by RedHat or Coca-Cola. If it's obvious
you're not trying to fool people, you can have the same name.
>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.
>>It was the makers of Asterix & Obelix who sued Mobilix, and I think they
lost. I think the Beatles lost too.
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