> -----Original Message-----
> Martin L. Shoemaker wrote:
> 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.
Of course, Apple Records still sued Apple Computer and reached a settlement where
Apple Computer was prohibited from producing any products having to do with Music.
When QuickTime was released Apple Records sued again saying that the multimedia
software capable of playing back music was an infringement of their earlier accord.
The real problem is that if you toe the line, someone will eventually sue you. There
better be a good financial reason to take the risk of lawsuit and the costs incurred
in even responding to the suit.
Even worse, the distinction that you see very clearly may be quite blurry to someone
else when you start discussing "fair use", "market confusion" and "diffusion". Heck,
I've been following this discussion for a week and still haven't a clue.
Regards,
Weldon Dodd
[EMAIL PROTECTED]
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