[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



More information about the Link mailing list