[Foundation-l] Fair Use and Registered Trademarks

Fri Jul 22 10:29:35 UTC 2005

>
>
>
>> Once again, trademarks are a commercial system applying to commercial
>> uses and unable to interfere with more legitimate rights.
>>
>>
>
> This doesn't make much sense to me - what are "more legitimate rights"
> exactly?
>

My explanation is not clear. To put it better copyright range is  
wider than trademark range so copyright prevails on trademarks in  
most cases.

> By its very existence, a legal enforcement of trademarks
> removes the rights of one party in favour of another - it loses me the
> right to market software as "Microsoft", for example - which without
> trademark law would be perfectly "legitimate".
>

But if Microsoft were to be the title of a PD book, tm or not, you  
could call your software Microsoft.

>
>
>>> I really don't know
>>> what you could and couldn't do once Mickey Mouse was no longer
>>> *copyrighted*, but still considered a *trademark*.
>>>
>>>
>
> In other words: I plead ignorance, your honour. I *don't know* in what
> circumstances the trademark status would come into play. But I very
> much doubt that a trademark expires completely and incontrovertibly as
> soon as something containing that trademark enters the public domain.
>

The britannica tm will still provide protection for everything else  
other than the use of the britannica PD books.

Britannica can also prevent anyone to pretend to be britannica. If  
someone tries to sell these old PD editions by presenting himself as  
a member of the britannica company, they will be able to sue on the  
basis of unfair commerce law for inducing confusion. That's why we  
need to set up a clear disclaimer.