[LINK] 'Yellow Pages' as a Trademark
Roger Clarke
Roger.Clarke at xamax.com.au
Fri Jan 18 18:04:41 AEDT 2008
At 16:03 +1000 18/1/08, Lea de Groot wrote:
>Yes, the belief of some 'trademark holders' that you cannot even
>mention their trademark without their specific permission is so odd.
>As an internet publisher, I have had the occasional approach from
>businesses who don't want to be mentioned and demand to know 'how dare
>I use their trademark'. Of course I immediately remove the mention, as
>requested, ...
Why?
Are you aware of any basis in law for them to even request, let alone
demand, removal?
In the current case (which I appreciate may be different from the
instances you're talking about), "The lawyer's letter failed to
provide a precise, or indeed any, explanation in terms of Australian
copyright legislation and case law, of what asserted rights the
lawyer is seeking to exercise on [its client's] behalf and how it is
claimed that those rights are being breached. "
Do you ask them for the precise information?
(Depending on the situation, they could have a case. But I doubt it).
Not to do so creates a rod for your own back.
--
Roger Clarke http://www.anu.edu.au/people/Roger.Clarke/
Xamax Consultancy Pty Ltd 78 Sidaway St, Chapman ACT 2611 AUSTRALIA
Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au http://www.xamax.com.au/
Visiting Professor in Info Science & Eng Australian National University
Visiting Professor in the eCommerce Program University of Hong Kong
Visiting Professor in the Cyberspace Law & Policy Centre Uni of NSW
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