"NAMES" are not copyright protected. They are not intellectual works
rendered in some physical medium that could be protected by copyright.
However, "NAMES" are protected under trademark laws. Of course, the use of
a particular 'name' as a trademark for protection of marketplace rights is
limited to the market within which the trade is conducted. Thus, the name
'Whisper Fan' for a machine you use to move air around in your home doesn't
infringe on the use of the same name to market jet engines in the aircraft
industry.
Hence, the nSync name may not be currently in use in the hand held devices
software market as a trademarked name. If so, then 'nSync' could be adopted
for the software being discussed.
Of course, cultural and social norms may discourage one from adopting a name
because of its use in some other context, but there isn't any legal sanction
that would prevent such use in two different trade sectors.
Regards,
Richard.
> From: "Rolf Brakvatne" <rbrak29_at_qwest.net>
> Reply-To: newtontalk_at_newtontalk.net
> Date: Tue, 8 Oct 2002 14:10:08 -0500
> To: newtontalk_at_newtontalk.net
> Subject: Re: [NTLK] X-Sync name suggestions
>
>
> Would one run into name copyright infringement problems with nSync?
>
> RB
> On Tuesday, October 8, 2002, at 12:49 PM, John Anderson wrote:
>
>> ....it would indeed the the most appropriate name if not for its
>> namesake.
>>
>
>
> --
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>
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