Re: Cease and Desist!

• Date: Sun, 2 Jun 1996 12:02:41 PDT
• From:
  Who ME? <trishm@kendaco.telebyte.com>
• Content-Type: TEXT/PLAIN; charset=US-ASCII
• In-Reply-To: <199606021650.RAA15506@suma3.rdg.ac.uk>

Hmm, I think he'd have a difficult time getting a lawyer to take this on,
unless his company does something in the gaming industry. My understanding
of copywrited trademarks, particularly those that have literal meaning as
well, is that it only applies to areas in related fields to their products
and services. For example, Coca-Cola has a trademark on the name Coke, as
well as Coca-Cola. However, because coke has other literal meanings, as
well, Coca-Cola can't sue someone in the gaming industry for using the
word 'coke' in reference to (another) literal meaning.  There has to be
infringement or the possibility of confusion of product for there to be a
case. And in this case, your reference has nothing to do with his company
or product, UNLESS he produces games or something, and what's more, it 
sounds like this is just an area on your MOO, not a 'Title' of some sort.

Of course, check with a lawyer - I'm not an expert, just did a little 
research into the subject a couple of years ago.

Trish

On Sun, 2 Jun 1996 M.K.Houghton@reading.ac.uk wrote:

> >   Has anyone here any thoughts or experience with this issue? If your 
> > players decide to name their rooms "Microsoft" or "Coca-Cola," can those 
> > companies legitimately force you to cease and desist?
> >
> 
> Wow, hadn't thought of that one. I guess if the room is browsable via the net, then
> there isn't much you can do but heed this guy's warning. If it affects his legitimate
> customers reaching his web page, then I guess he has rights. He'll find a lawyer
> to fight the case if he has to, I bet there are thousands of sweaty rookie
> lawyers itching to cut their teeth on a net case.
> 
> But, I guess removing the capitalisation will help - calling the room 
> 'the mystical crossroads' - no capitalisation, will lessen his claim. He picked a
> name that might occur elsewhere, so there isn't much he can do.. 
> 'the mystic crossroads' is even better...
> 
> Alternatively, get the owner of the room to drop in a plug, or recognise the trademark.
> 
> 
> Mike
> 

			 


	

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