On 5/31/97 8:32 PM, Kynn Bartlett (kynn@idyllmtn.com) wrote:
>Both good points. But, if Brent Chapman/Great Circle doesn't have
>a trademark on majordomo -- as I'm told they don't -- does that make
>both points moot?
>
No. They can "have" a trademark on it simply by using it in trade
(within legal definitions, of course). They can announce that they use
this as a trademark (or servicemark in other contexts) by placing "TM"
next to it and any logos with which it is associated. The (R) (R in a
circle) mark is reserved for federally registered marks only. Legal
protection is heightened by registering the mark, but it is not unlike
copyright law, in which the author of a work automatically owns the
copyright, whether or not it is ever registered. Registration grants
certain legal protections which make defending against infringement more
likely to be successful, in both cases.
It is highly advisable to register a mark, as we can see by the issue
before us of the use of majordomo.com. But the fact that it is not
registered does not eliminate the possibility of proving in court that
the owners of the Majordomo software do indeed have trademark rights to
the name as it is used in this context.
See the Trademark Protection FAQ on the Nolo Press web site:
http://www.nolo.com/ChunkPCT/PCT27.HTML
For examples of what can and can't be protected. There are several
points at which it becomes clear that Majordomo is likely a protectable
trademark. (Hey, I'd reprint it here, but that would be a violation of
copyright law.)
Kirsten O.
rivrmoon@drizzle.com
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"...awakening is never the product of force but arises through a resting
of the heart and an opening of the mind."
--Jack Kornfield, _A Path With Heart_
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