At 08:44 PM 2/9/99 -0500, you wrote:
>>>
>>>Any rules which automatically require a user to ceritify they will not use
>>this
>>>name to violate a trademark is a violation of their fundamental rights.
>>
>>That would be the fundamental right to violate other people's rights?
>
>How can use of a character string that someone else just happened to
>trademark, when used for a non commercial or other non infringing purpose,
>possibly be a violation of rights? Why should a trademark holder feel they
>have a "right" to control any and all uses of a character string above and
>beyond what any laws grant them?
>
Such a right is what is called a "right in gross," and the 9th Circuit, in the
Lockheed case, specifically said that a trademark registration gives no
such right. The Lockheed case helped me to win the ISS v. Epix, Inc.
case in District Court in Portland, Oregon.
Bill Lovell
