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