[NTLK] OT Call for Einstein domain names

[Dennis Swaney]

Yes, they can and have done so. A lot of small businesses have been forced
to change their name when a large conglomerate trademarks a name. The
latter then have their shysters file cease and desist motions against the
small business, who can do one of two things: comply or fight it out in
court for the next 10 years.

As for product/market, sometimes that is not even considered. There was a
watch maker (Luxus?) who sued Toyota over the Lexus car name saying it
would cause confusion. Ditto Beretta Arms sued Chevrolet over the car
Beretta though in this case it was slightly valid. See:
http://www.americanrifleman.org/blogs/firearms-trademarks/

On Mon, Dec 5, 2011 at 8:36 AM, Terence Griffin <terence.griffin at nist.gov>wrote:

>
> Certainly they can't prevent someone one named Einstein from using the
> name commercially if it doesn't cause market confusion, say Einstein Carpet
> Cleaners. I wonder if it's even a valid trademark, i.e what is their
> product/market? Would this product be close enough to their's to cause
> confusion (Re: Apple Inc. v The Beatles)? It's not an uncommon name,
> sort like a German 'Smith' or 'Jones.'
>
> Anyone here named Einstein who'd be willing join The Board?
>
>
> Lord Groundhog wrote:
> > ~~~ On 2011/12/03 18:03, Warren Ockrassa at wockrassa at gmail.com wrote
> ~~~
> >
> >
> >> Well, it's not that outrageous. A year or so ago, Facebook tried to
> >> trademark the word 'face'.
> >>
> >>
> >
> >
> > I know; wasn't it great?  There've been a few of those now, and it gives
> me
> > a laugh every time.   I bet the world of law never meant to refer to this
> > when they came up with the expression "legal fiction".   :-D
> >
> >
> >
> > Shalom.
> > Christian
> >
>
>


-- 
Sincerely,
Dennis

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