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Date Posted: 13/02/02 20:04:01 GMT+10
Author: SofaMan
Subject: Legal issues...
In reply to: LBD "Nytetrayn" 's message, "Re: *touches wood*" on 12/02/02 4:11:51 GMT+10

>Incidently, and I forgot to mention this in my
>preceding post, I never quite understood how
>copyrights could work on certain names, namely those
>taken from actual words, like "ravage" "onslaught" or
>"mirage"(for example). I can see trademarking
>something like "Optimus Prime" or "Megatron", but in
>the other instances, without any kind of special
>spelling, aren't they in essense denying use of the
>English language? Freedom of speech, indeed...

Advisory: I Am Not A Lawyer

Natural language or generic terms can be used as trademarks, but trademarks only apply within a single industry or field. For instance, if I create a toy called Ravage, no other toymaker can create a toy with the same name, but if Coke wants to market a energy drink called Ravage, they can do so, as it is in an unrelated market.

This issue was settled some time ago, at least in the US, when Apple Computer formed. They were sued by Apple Records for trademark infringement, but Apple Computer were permitted by the court to use the trademark, as they were in an unrelated industry, and not competintg in the same marketplace as Apple Records.

This was, of course, with the understanding that Apple Computer were not permitted to enter the music publishing business under the same name.

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