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trademark questions

To: realbasic-nug at lists dot realsoftware dot com
Subject: trademark questions
From: Carl Adler <carl at adler-software dot com>
Date: Fri, 29 Apr 2005 17:33:29 -0400
Delivered-to: realbasic-nug at lists dot realsoftware dot com
References: <20050429193051 dot B2D67903E93 at lists dot realsoftware dot com>
Recently I received a challenge to the name of one of my applications from a trademark holder. At the time I created it I could not find a competing app with that name. My app was created in 2003 and a new company apparently acquired a 1999 trademark in February 2005. It is interesting that the trademark in 1999 and the new one in 2005 where for different applications. I had no problem with this and gladly changed the name. It did raise some questions though. A URL with that name predates 1999 and is registered to a different company. So who trumps who in this situation? Can a trademark force you to chance a preexisting domain name? Another question is can a trademark name be part of a URL as in, for example,
http://mydomain.com/pepsi/books/interesting.html?
Carl

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