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Subject:Re: Trademark Infringement From:eric -dot- dunn -at- ca -dot- transport -dot- bombardier -dot- com To:"TECHWR-L" <techwr-l -at- lists -dot- techwr-l -dot- com> Date:Tue, 26 Oct 2004 09:55:58 -0400
> So even if there is little chance for confusion
> (anyone have trouble discerning the difference between a ball point
> and a PDA?) you may run afoul of trademarks.
It ain't that simple...
Funny how people get all holier than thou over the most trivial of issues.
It may not be possible to confuse a PDA and a ball point, but what if
Pilot ever wanted to enter the PDA market? Being a recognized world-wide
trademark is of great value and importance and only a fool would argue
that such value shouldn't be protected.
And if that's the basis on which you are boycotting a company, well I hope
that you never have to depend on government/law protection for your
business or property rights. After all, if in your estimation companies
shouldn't exercise those rights, you'd be hypocritical exercising them
yourself.
For an example of the problems you can get into if you allow infringement
of your tradename or trademarks, have a look at the ongoing tussles of
Apple Corps vs. Apple Computer (http://www.macnn.com/news/26447). Apple
Corps and Apple Computer came to an agreement allowing Apple Computer to
use the Apple name for marketing and sales of computer products. Who could
confuse a computer or printer with music? How about now that Apple
Computer is best known for a music player and an on-line music sales
service?
Well, if Apple Corps hadn't enforced their rights by seeking and signing
the initial settlement they'd be stuck with having their brandname in the
music industry being taken over by another company that was previously
unrelated to the music industry. Now, with the initial settlement
agreement, Apple Corps can protect their name, image, and business from
invasion by Apple Computer.
So, when "Bob's Bakery" open's next to "Bob's Coffee Shop" should Bob's
bakery sue? Yes. Otherwise, when Bob's Coffee Shop starts expanding and
cooking their own muffins or when the bakery wants to expand and sell
coffee there would be clear competition/confusion. Granted the link
between baked goods and caffeine products is pretty clear. But the same
principle has to be applied even to seemingly disparate domains. After
all, who would have thought back in the 80's that computers would become a
major force in the storage, distribution, and enjoyment of music?
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