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Tue, 7 Jan 1997 18:06:56 +0100 |
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Message of Tue, 7 Jan 1997 11:59:12 -0500 from LISTSERV list
owners' forum < [log in to unmask]> |
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On Tue, 7 Jan 1997 11:59:12 -0500 Mentor Cana <[log in to unmask]>
said:
> The list is open to general public and anyone interested in the subject
> matter of the list can subscribe. The list is not commercial and it is
> run on *.edu LISTSERV. Does this make a difference?
I very much doubt it. The question is whether the trademark owner has the
right to limit your use of the trademark. The laws grant no special
protection to the EDU domain, to universities, to non-profit
organizations, etc.
> I'm still wondering: how many lists are out there in the similar
> situation?
I don't know, but what difference does it make? Trademark law is old and
well established. It is also a crucial element of a Western-style economy
(imagine if you bought a BMW at bargain price and it turned out to be a
Lada, and you couldn't even sue because Lada had the right to use the
name BMW as they pleased :-) ). I doubt any country will grant trademark
immunity to the Internet just because a few vocal advocates think it
should. Duties and tariffs, now that's an area which raises all sorts of
new issues that are specific to the intangible nature of the medium. If I
advertise a Lada under the name BMW on a web page, I don't see that the
fact that it was done on the web makes any difference. Obviously there's
the issue of whether the web site is under the plaintiff's home country's
jurisdiction, but that's a separate problem. If the web site was in
Germany, you can rest assured that "But your Honour, this was done on the
INTERNET where FREEDOM OF SPEECH reigns supreme and universal!" won't get
me anywhere, except perhaps with a fine for contempt of court :-)
Eric
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