51–60 of 224 posts
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I always thought that was more theoretical than real. For instance, could I launch an OS called CocaCola? I don't think so...
My understanding is the outcome of the Apple Computer vs Apple Corps series of legal battles[0] was consistent with trademarks being siloed into market segments. [0] https://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer
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Trademarks aren’t universal; they are divided into classifications e.g. market segments. Just because the name is the same, doesn't mean the PTO will think of them as being in the same space.
I always thought that was more theoretical than real. For instance, could I launch an OS called CocaCola? I don't think so...
If you did launch an OS called CocaCola, they would argue that there would be some confusion in the mind of the reasonable consumer as to whether there was some association with the soft drink manufacturer.
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It's because lawyers are that expensive.
Let's assume they cost $500 an hour, which is probably enough to pay three of them but I have no idea about the price so let's assume it's that. Then $80k / 500 = 160 hours. Does it take 160 hours, or 4 work weeks full-time, to write a letter or fill out some form saying that "hey, we registered this back in 2006, you should reject these applications"?
Earlier quoted context omitted.
I always thought that was more theoretical than real. For instance, could I launch an OS called CocaCola? I don't think so...
It seems very much real. Someone once wrote me menacing to sue me because of my nickname which was infringing on some of their "IP" (I kid you not). I did a quick check and it turns out there is a half dozen brands named something like "riffraff". For the gnome case, just to stay in topic: http://tmsearch.uspto.gov/bin/showfield?f=toc&state=4809%3Ao... "GNOME: hosting software for use by others for accessing weather…
Earlier quoted context omitted.
It's because lawyers are that expensive.
Let's assume they cost $500 an hour, which is probably enough to pay three of them but I have no idea about the price so let's assume it's that. Then $80k / 500 = 160 hours. Does it take 160 hours, or 4 work weeks full-time, to write a letter or fill out some form saying that "hey, we registered this back in 2006, you should reject these applications"?
Earlier quoted context omitted.
It's because lawyers are that expensive.
Let's assume they cost $500 an hour, which is probably enough to pay three of them but I have no idea about the price so let's assume it's that. Then $80k / 500 = 160 hours. Does it take 160 hours, or 4 work weeks full-time, to write a letter or fill out some form saying that "hey, we registered this back in 2006, you should reject these applications"?
IANAL, but legal protection for trademarks extends to any usage wherein it would create sufficient consumer confusion. Great example: Apple v. Apple. The computer company agreed to not enter the music industry. To the extent of which they got sued when they added a sound card and multimedia features to their computers. They settled for a boatload of money rather than let a judge decide that they couldn't add any soun…
Let's be honest though: walk up to any Joe on the street and ask them what GNOME is. They're not going to recognize it as a *nix desktop environment or a retail POS system.
I don't get it either. If GNOME (the desktop environment and the foundation) have a trademark on GNOME, why do they need $80k to defend it? Shouldn't the trademark office then simply reject any further application for GNOME name related to computers, software and operating systems? Is this because of the idiotic defunc. justice system the US is imposing on themselves? Where you can sue mall owner for millions because…
IIRC, the rule is that if you don't step up yourself to defend your trademark whenever someone else tries to use it, your trademark becomes void.
I had thought Groupon's core competence is scamming small businesses, not providing POS terminals for them? Do those two things go together?
when your business model is easily replicated and done better I guess its only natural to extend it or simply move onto something else and integrate it to your current product. Does seem like one big privacy risk, really I do not think I want my POS terminals connected to the net for any reason.
It's really only the nearly antiquated systems that are not on the internet these days.