Great Circle Associates List-Managers
(May 1995)
 

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Subject: Re: Trademark infringement
From: Roger Burns <cfs-news @ cais . cais . com>
Date: Tue, 2 May 1995 18:23:16 -0400 (EDT)
To: Leigh Melton <leigh @ nbi . com>
Cc: list-managers @ GreatCircle . COM, jgeorge @ nbi . com
In-reply-to: <8gNH5c2w165w @ nbi . com>

I'm not a lawyer, although I was a legislator for time.  Having made that 
disclaimer, I'm sure you are quite safe about discussing a trademarked 
product by name on the nets.

But what I'm curious about is -- is there any problem about you naming a 
list BARBIE-L if "Barbie" is a trademarked name?  I think an off-net 
analogy would be if you were to create and publicize a local Star Trek 
fan club that was not sanctioned by Paramount Studios -- could Paramount 
sue you for trademark infringement because you used their trademark as 
the name of your club?  I wonder.  I have a guess that if Paramount had 
trademarked the Star Trek name for a fan club they had created IN 
ADDITION to their trademark for cinematic purposes, they might have a case.

A question: did Mattel register "Barbie" as a trademark FOR THE NAME OF A 
CLUB or discussion group, or use the name for those purposes, BEFORE your 
BARBIE-L group was created and publicized?  If you can show you were 
there first, I'd guess that they then wouldn't have a substantial case.
But I'm not a lawyer and I don't purport to be offering legal advice.  
These are just personal musings.

-- Roger Burns    cfs-news @
 cais .
 cais .
 com



References:
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