15 Aug
2002
15 Aug
'02
12:16 p.m.
On Thu, Aug 15, 2002 at 05:01:51PM -0700, Dwight K. Elvey wrote:
All of this about prior use may not help. Trademarks
are different
than patents. There is also precedence that similar sounding
trade names with similar product can be considered a violation
of trademarks. ( McDonald's has won a few of these ). If they
had the name before M$ then they might have a case, otherwise,
I doubt they will get vary far. If the court feels that they
chose the name to sound alike, they will not win, regardless
of prior usage.
Do you know of any rulings that said the owner of a trademark
shouldn't have had the right to it in the first place?
-- Derek