Roeland forwarded someone's analysis regarding confusing similarity of marks (Roeland,
can you please identify who this was?)
The one issue that I take with the analysis is that it looks simply to the name
itself, and not the use to which the name is put. As the Seventh Circuit explained in
N
>
>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?
On 10-Feb-99 Martin B. Schwimmer 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?
No, a fundamen
>>
>>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 happene
Write a post asking for working together to harmonize, and they reply with
"drop dead."
I wrote:
>>The conflict can be ameliorated at least through through various tweakings
>>of both the DNS and the TM system (and in the behavior of DN and TM
>>owners).
>
Mr. Feld replied:
>Again, this is ba
On 10-Feb-99 Martin B. Schwimmer wrote:
> Write a post asking for working together to harmonize, and they reply with
> "drop dead."
> If there were several thousand instances in three years of TM owners
> complaining to phone companies regarding trademark conflicts as to how
> 1-800 numbers
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 ch
At 04:55 PM 2/9/99 -0800, you wrote:
>
>On 10-Feb-99 Martin B. Schwimmer wrote:
>> Write a post asking for working together to harmonize, and they reply with
>> "drop dead."
>> If there were several thousand instances in three years of TM owners
>> complaining to phone companies regarding trad
Martin Schwimmer wrote:
>When "TM Interests" "equate" DNs and TMs (I use quotes to indicate I don't
>endorse that phrasing) I don't believe that, if they thought about it, they
>would disagree that the DNS system and the TM system are different systems
>with different purposes.
>Nevertheless,