<table cellspacing="0" cellpadding="0" border="0" ><tr><td valign="top" style="font: inherit;">As an interesting counter example:<br><br>There was a resale store called the Discovery Shop on Santa Cruz Ave a few blocks from El Camino. That name was used since (around) 1970 when the business first opened in Redwood City.<br><br>Then the American Cancer Society started opening resale stores across the country also using the name Discover Shop. Eventually they came to CA. When the Cancer Society tried to register "Discovery Shop" as a business in CA they found the name was already taken.<br><br>The two groups had some discussions. Although the group that had the legal use of the name in CA had a solid case, they decided that the greater good would be served by allowing the Cancer Society to have a consistent name across the country. Now if you go through the business district on Santa Cruz Ave, you will find the Discovery Shop
and also "The Shop".<br><br>Paul<br><br><br>--- On <b>Mon, 6/14/10, Rick Moen <i><rick@linuxmafia.com></i></b> wrote:<br><blockquote style="border-left: 2px solid rgb(16, 16, 255); margin-left: 5px; padding-left: 5px;"><br>From: Rick Moen <rick@linuxmafia.com><br>Subject: Re: [conspire] Generic Linux?<br>To: conspire@linuxmafia.com<br>Date: Monday, June 14, 2010, 12:57 PM<br><br><div class="plainMail">Quoting Tony Godshall (<a ymailto="mailto:tony@of.net" href="/mc/compose?to=tony@of.net">tony@of.net</a>):<br><br>> yes, and more at...<br>> <br>> <a href="http://www.linuxmark.org/faq.php" target="_blank">http://www.linuxmark.org/faq.php</a><br>> <a href="http://www.linuxmark.org/attribution.php" target="_blank">http://www.linuxmark.org/attribution.php</a><br><br>Be aware that trademark owners' public statements will _always_<br>greatly overstate the rights of trademark owners and the obligations of<br>third-party users, and that
certainly includes Linux Mark Institute.<br><br>(Why? Because their object isn't to teach you law, but rather to<br>protect their property.)<br><br>1. Attribution is not a legal requirement. As part of that, the use<br> of the (R) (or R in circle) symbol is never required, but is<br> sometimes _forbidden_ by law, i.e., it maybe used only by owners<br> who've paid the $330/decade registration fee to USPTO.<br>2. Permission is not a legal requirement, not even for use in commerce.<br>3. Use without commerce (as long as it doesn't commit the tort of <br> trademark disparagement) is automatically lawful.<br>4. The only uses in commerce that commit the tort of trademark<br> infringement are uses tending to confuse the trademark owner's <br> customers into thinking the trademark owner produced or endorsed the<br> competing goods or
services. Furthermore, this obligation to avoid<br> confusion applies only within the same trade or industry.<br><br>In short, the monopoly granted by trademark is a very limited one over <br>_brand impression_ created by distinctive names and symbols, e.g.,<br>Nike's right to insist that its 'swoosh' never be used in ways likely to <br>confuse its customers into thinking that Shenzen Shoe Company's shoes<br>are Nike's. But this doesn't mean Shenzen needs to ask Nike's<br>permission to put the swoosh on its shoes and promotional material: It<br>could, for example, write below that 'Shenzen Shoe Company's products<br>are not produced or endorsed by Nike', and would be covered.<br><br>And the Nike Bar and Grill doesn't have to worry about Nike's trademarks<br>at all, on account of being in a different trade or industry.<br><br><br><br>_______________________________________________<br>conspire mailing list<br><a
ymailto="mailto:conspire@linuxmafia.com" href="/mc/compose?to=conspire@linuxmafia.com">conspire@linuxmafia.com</a><br><a href="http://linuxmafia.com/mailman/listinfo/conspire" target="_blank">http://linuxmafia.com/mailman/listinfo/conspire</a><br></div></blockquote></td></tr></table>