Re: Cease and Desist!

• Date: Sun, 2 Jun 1996 13:01:44 PDT
• From:
  tom@mvision.com (Tom Ritchford)
• Reply-To:
  tom@mvision.com
• In-Reply-To: <199606021650.RAA15506@suma3.rdg.ac.uk> (M.K.Houghton@reading.ac.uk)

M.K.Houghton@reading.ac.uk writes:
>>   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...

Neither of these is at all effective...

HOWEVER, there are many, many classes of copyright, depending on what
business you are in.  Often people get several but you'd not get all
of them.  That would mean that a Mystical Crossroads restaurant would
not conflict with a fabric designer of the same name.

SO, I'd ask him what category of copyright he has... it's almost certainly
nothing that conflicts with the usage in the MOO.

Even if you are violating the copyright, all he can get out of you
is damages.  He'd have to prove that you had actually cost him money!
Fat chance...

He could also get an injunction to prevent you using the name even if
you had not cost him money... but then you just rename the room.

He'd basically be certain to lose money if he sued you.

Copyright law is NOT like liability law.  I think that you could safely
even just ignore him!  But, by all means, find out what category he holds
so you can make an informed decision.

DISCLAIMER:  I learned something about this because we are in a copyright
dispute... I'm not a legal professional and I make mistakes in general!

    /t

Tom Ritchford     tom@mvision.com, tom@weirdos.com

Verge's "Little Idiot" -- Music for the mentally peculiar.
1-800-WEIRDOS            http://www.weirdos.com/verge

• Re: Cease and Desist!
• From: hpa@trantor.zytor.com (H. Peter Anvin)

• Re: Cease and Desist!
• From: M.K.Houghton@reading.ac.uk

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