Re: Cease and Desist!

• Date: Sun, 2 Jun 1996 21:58:10 PDT
• From:
  "John P. Wilson" <paladin@wavopt431.tbe.com>
• Content-Type: TEXT/PLAIN; charset=US-ASCII
• In-Reply-To: <Pine.SUN.3.91.960602091642.27679A-100000@crl9.crl.com>

On Sun, 2 Jun 1996, Arthur Chandler wrote:
>   We received this message the other day from a man who apparently feels 
> that the name of one of our player's rooms violates his exclusive right 
> to "Mystical Crossroads." BayMOO is accessible through the web, and 
> generates an "on-the-fly" temporary page so that visitors can browse 
> rooms, objects, etc. 
>   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?
>   I realize this issue may sound like a laugher. But so have many other 
> cases, which have wound up in court with substantial damages extracted 
> by the offended party.
> ---------- Forwarded message ----------
> Date: Wed, 29 May 1996 19:47:52 -0400
> From: Storm <mystical1@zeus.jersey.net>
> To: request@baymoo.sfsu.edu
> Subject: Use of copyrighted name!
> 
> To whom it may concern,
> Today after searching alta vista I was surprised to see another listing
> under Mystical Crossroads. Apparently you were not aware that this name
> is copyrighted, since it is the name of my Company. I would appreciate
> it if you would cease & desist from using same.
> 
>                                                  Yours truly,
>                                                  Richard Kowalski
>                                                  President
>                                                  Mystical Crossroads
> 
WARNING!!!  I AM NOT A LAWYER!!!

That being said, this guy sounds pretty much like a clown.  He says the 
name is copyrighted, not trademarked.  'Mystical' and 'Crossroads' are 
ordinary words that even when combined cannot be copyrighted or 
trademarked.  Because of the commonality of the words, they cannot be 
copyrighted, AFAIK.  And since they are spelled normally and are not 
unique in anyway, they cannot be trademarked.  

Additionally there is no citation of a copyright in his usage of the 
name, so how isw anyone supposed to know that it is copyrighted!

Fortunately, he included his e-mail address so that I can tell him to 
blow it out his ear myself!

For want its worth, (oh wait! isn't that a copyrighted song! oh no, 
federal violations everywhere!  i am so scared!)

John

--------------------------------------------------------------------------
jpwilson@nebula.tbe.com - John P. Wilson - Jammers Unite!
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• Cease and Desist!
• From: Arthur Chandler <arthurc@crl.com>

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