"Passing off" is the term for the laws covering one person trying to use a name or term which is associated with another persons product in order to make use of the good will or reputation of that name or term. It doesn't need to have a TM, and is more like fraud than simple trademark infringement because it's about trying to create the perception that someone else has done the work or created the product you're selling.
Passing off law is a bit hazy, but Trade Mark law is pretty well defined, so companies tend to register trademarks in order to make defending them easier. Al. -- T: @alsutton W: www.funkyandroid.com The views expressed in this email are those of the author and not necessarily those of Funky Android Limited, it's associates, or it's subsidiaries. On 22 Sep 2011, at 15:05, Kevin Chadwick wrote: > On Thu, 22 Sep 2011 06:33:15 +0100 > Al Sutton wrote: > >> Unfortunately Market seems tied to US laws only and thus we're all >> potentially stuffed by trademarks which may only be registered in the US, so >> it's probably worth using the US Patent and Trademark search tool to check >> on any term you want to use - http://www.uspto.gov/trademarks/index.jsp > > Yep, of course registering ® a trademark only makes it easier and > cheaper for them to win a case in court. They can potentially still get > your app band or cause you a financial headache, just by having used TM > (non registered) first, atleast in the UK?. Of course, they can cause > you a financial headache even when they have no legal leg to stand on > in all cases, especially against a little guy. > > It seems the primary objective of the courts, laywers, barristers and > so then Judges is actually cash and self preservation most of the time > and not Justice as stated. > > -- > You received this message because you are subscribed to the Google Groups > "Android Discuss" group. > To post to this group, send email to [email protected]. > To unsubscribe from this group, send email to > [email protected]. > For more options, visit this group at > http://groups.google.com/group/android-discuss?hl=en. > -- You received this message because you are subscribed to the Google Groups "Android Discuss" group. To post to this group, send email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit this group at http://groups.google.com/group/android-discuss?hl=en.
