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Re: trademark questions

To: "REALbasic NUG" <realbasic-nug at lists dot realsoftware dot com>
Subject: Re: trademark questions
From: "Adam Shirey" <aeshirey at mtu dot edu>
Date: Fri, 29 Apr 2005 18:07:56 -0400 (EDT)
Delivered-to: realbasic-nug at lists dot realsoftware dot com
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References: <20050429193051 dot B2D67903E93 at lists dot realsoftware dot com> <d7a5f83796c404b8510014f21bf51489 at adler-software dot com>
You'll want to discuss this with a lawyer if you really want a solid answer.

To "secure" your trademark, register it or to have some solid, dated
proof. I've always heard that you can send yourself a sealed letter that
is dated and contains remarks indicating you've trademarked some name. As
long as it remains sealed (and the date is shown on the stamp by the USPS
or your country's counterpart), it is valid proof, according to some. I
would go a little farther, having some indication of your trademark
notarized.

If you can prove your domain is pre-existing, I think you'd put up a real
good fight if someone challenged you. There's no reason why you can't have
mydomain.com/pepsi/, just like there's no reason why you can't write a
paper about Pepsi or discuss Pepsi with a friend. Having a trademark
doesn't give you full control over everyone using your trademark; it just
gives you certain naming rights. For example, I can't create a type of
beer called Pepsi because they're too similar. Some would argue that you
can't create ANY other product with such a name, even if they're
completely different industries. (IE - MySpiffy Soft Drink and MySpiffy
Shoelaces.) That's a matter probably better left for those whose
profession is legal interpretations.

IANAL.

-Adam
dingostick.com
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