Re: Cease and Desist!

• Date: Sun, 2 Jun 1996 20:47:26 PDT
• From:
  "Robert J. Brown" <rj@eli.wariat.org>
• CC: local-moo@terminus.zytor.com, moo-cows@parc.xerox.com
• In-reply-to: <4oti7t$tuj@terminus.zytor.com> (hpa@trantor.zytor.com)

>>>>> "Peter" == H Peter Anvin <hpa@trantor.zytor.com> writes:

    Peter> Followup to: <199606022016.PAA02822@eli.wariat.org> By
    Peter> author: "Robert J. Brown" <rj@eli.wariat.org> In newsgroup:
    Peter> local.moo
    >>  First off, this guy has no idea what he is talking about,
    >> since you cannot copyright a company name, although you can
    >> trademark it.  Just because he has named his company does not
    >> automatically infer protection on that name.
    >> 
    >> Due to his ignoprant statement, I doubt that he has actually
    >> registered his company name in his home county, much less at
    >> the state level.  He is not elligible for trademark protection
    >> until he has done interstate commerce (meaning the sale of
    >> goods or services across state lines), and ebven then, he must
    >> file for it after a search, and the protection is only in the
    >> areas he registered it under.
    >> 

    Peter> INCORRECT - Trademark protection applies whether or not it
    Peter> has been registered (and you are not required to do a
    Peter> search, although it is generally wise since someone else
    Peter> may have an unregistered conflicting trademark.)  However,
    Peter> if unregistered you can not sue for legal costs.
 
Again, I think you are confusing copyright with trademark.  Also, I
speak only with regard to US laws on trademark and copyright.  Berne
convention means the protection is similar in most countries, but
there is no similar agreement on trademarks.

    >> His statements show that he does not know what he is talking
    >> about.  I suspect he made up a company name, but has not
    >> obtained the required state or federal taxpayer ID number for a
    >> corporation, much less registered a trademark.

    Peter> That is legal.  A trademark is defined by use, not by
    Peter> registration.  He needs to have a "ficticious name
    Peter> statement" filed in his home county, however.

This is true, but if a trademark is not registered, and someone else
registers it first, he is out of luck.  It is not like a patent, which
is covered from date of invention, not date of filing.

    >> If you really want to goose him, register the trademark
    >> yourself, and the sue him!  This has been done before: re the
    >> great case of Bonanza steak houses vs Ponderosa steak houses.

    Peter> Won't work; his trademark would have precedence (if it has
    Peter> been used in interstate or international commerce.)

    Peter> 	-hpa -- PGP public key available - finger
    Peter> hpa@zytor.com "The earth is but one country, and mankind
    Peter> its citizens."  -- Bahá'u'lláh Just Say No to Morden
    Peter> * Save Babylon 5: http://www.babylon5.com/cmp/support/

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

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