On Sat, 07 Jun 2003 00:39:37 EDT, "Michael Froomkin - U.Miami School of Law" said: > You cannot get trademark protection for anything "functional". To the > extent that the Habeus magic words are used functionally, I do not think > they are eligible for trademark protection.
I stand corrected. :) > Thus, I have grave doubts as to the strength of this footing under IP law. > There might be alternate legal theories that would work a little > better.... Of course, it's quite possible that Habeas's legal theory *is* a complete load of dingo's kidneys - the biggest question is which spammer (if any) is willing to risk the lawsuit to find out. The same thing is going on currently over on the patent law side of the fence - companies will just fold and pay the licensing fees rather than fight an obviously bogus patent.
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