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Authored by: cjk fossman on Monday, February 18 2013 @ 09:27 PM EST |
It's not about the number of units sold, as it
would be for motorcycles.
It is about the programmers andcompanies
that will lose the ability to use the word
"python" to advertise their services. [ Reply to This | Parent | # ]
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Authored by: Wol on Tuesday, February 19 2013 @ 03:29 AM EST |
Market size is irrelevant. The rule is that a trademark registration can NOT be
used to stop someone else using it, if they were using it before you. ALL that
matters is the date.
If Jo Bloggs is happily using a trademark(TM) in his little niche, and Big Co
starts using that same trademark(R) in the same niche, that is perfectly fine
and dandy. But *unless* Big Co comes to some arrangement with Jo Bloggs, Big Co
has to be very careful about enforcement. (Which makes having an (R) trademark
tricky :-)
You just have to look and the hassle Mickey D has with other people using their
name.
And while I know precious little about it, MS had the same problem with Access -
the name ACCESS has been in wide usage within the database arena since, oh, the
early seventies? When they brought out the Access database they had to do
something about it, and they were negotiating from a position of extreme legal
weakness.
Cheers,
Wol[ Reply to This | Parent | # ]
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