From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of Corey Reid
Sent: Monday, July 31, 2000 9:57 PM
To: '[EMAIL PROTECTED]'
Subject: RE: [Open_Gaming] Some license updates
<< Part of acquiring a trademark is ensuring that said trademark isn't in
use
by other companies or individuals. You can't trademark something if somebody
else is selling a product with the same name, >>
In a competing domain, yes. In a different domain, no. Trademark is meant to
protect your work from confuison with similar work that's not yours,
intentional or otherwise. Brad Templeton's classic example is Apple Records
vs. Apple Computers. Both are trademarks. But as long as Paul McCartney
doesn't make computers and Steve Jobs doesn't give concerts (please, Steve,
NOOOOOOOOO!!!!!!!), there's no confusion.
<< or if the term is judged to
already be part of the common domain. >>
Again, the Apple example shows that "common domain" words can be trademarks
within a domain. But if Apple ever became so prevalent that "apple" became
synonymous with "computer", Apple would have to be extra diligent in
protecting their mark.
Martin L. Shoemaker
Emerald Software, Inc. -- Custom Software and UML Training
[EMAIL PROTECTED]
www.EmeraldSoftwareInc.com
www.UMLBootCamp.com
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