[Wikipedia-l] larousse.wikipedia.org?

Tue May 20 21:42:33 UTC 2003

Lars Aronsson (lars at aronsson.se) said:

> Alex R. wrote:
> 
> > As Larousse is a French publisher of French books, how can there be
> > confusion?
> 
> Look Alex, (1) I'm not trying to win an *argument*, and (2) I'm not
> having an argument with *you*.  All I said was that I would recommend
> against using names that are trademarks.  You are free to ignore my
> recommendations.  I'm not speaking for Larousse and I'm not a lawyer.
> Actually, your response makes me regret I mentioned this at all.
> This is my last posting on this topic.
> 
I am not arguing with anyone. I am just stating my opinion, which is what
I thought this discussion list was for. If it is for something else, would 
someone please let me know, as that is not what it is being represented
to be.

I was responding to your opinion, which is that there might be a legal
problem using the word "laroussee" and in fact I was agreeing with you
(even more so than other posts) as the word larousse IS registered with
the USPTO. Technically you are right maybe Wikipedia should worry
about using this name even if it is the name of an encyclopediest or
the name of a Red Head Linux Server or even what I say when I am ordering
an amber beer in Montreal. ''Donnez-moi la rousse, SVP!''

The point is not all use of a trademark is infringement of that mark, I am
not offering Wikipedia my legal opinion (though I do admit to being
a lawyer, I hope that doesn't make anyone nervous) but just stating
what to me seems pretty obvious, it is the French word that Larousse
is trying to protect as a mark for its French encyclopedias, not for all
uses of the word.  Unlike copyright trademarks must be used to be
protected, and while there is an argument that the word larousse is
a registered trademark referring to encyclopedias, it is also true that
they only use it in reference to French encyclopedias, it is maybe like
saying that that word Exxon cannot be used by an insurance company,
well Exxon refers to oil and gas, not to insurance, they are different
things, and I was arguing that there was no underlying confusion between
the use of the name Larousse as a server for an English encyclopedia
web site, not that it wasn't a trademark infringement, only a federal
district judge can make that determination and that determination is
based, in part, about their being confusion between the two uses.
I hope the above  does not upset you, Lars, it was not my intention.
Alex756