.
On Thu, 04 Jan 2007 19:34:04 -0700, Kevin Brown wrote
> Actually they have to go after the infringement even if they lose
> to prove that they are working to protect the trademark. Search
> Slashdot and you'll find a story where Intel lawyers went after
> someone for using the phrase Yoga Inside.
> http://yro.slashdot.org/article.pl?sid=02/03/30/032251
Thanks for the link to this article, Kevin.
I especially enjoyed these comments in the cited article:
"... In proceedings bordering on the line of frivolity ..."
and "Look at the meaning of "Inside" that the YIF is
referring to, and the story gets even more absurd."
The end of this silly game (in which ambulance chasing lawyers
are almost *always* the *only* winners) is that the Yoga Inside
Foundation simply changed their name to "Yoga on the Inside" with
about the tiniest point size possible for the words "on the" and
a giant capital "I" on "Inside."
Notice that the provisions of the ludicrous "Federal Trademark
Dilution Act of 1995" (which is actually just another lawyer ploy
in which the end game is almost exclusively to fabricate more
revenue producing opportunities for lawyers) is the following:
"In most cases, the only remedy available under the Dilution Act
is an injunction against further dilution."
So, in this current issue, the worst-case scenario would not
be a lawsuit anyway, but merely an annoyingly threatening letter
in which Intel's lawyers would use fancy language to demand
"cease and desist." And then, based on the established precedent,
one could simply insert the words "on the" in microscopic type,
blank out the "R," and adjust the shape of the swoosh a little.
Therefore, in conclusion, let us quote Shakespeare, twice:
"Much ado about nothing .."
-and-
"First thing let's do, let's kill all the lawyers."
Fortunately, free is still free in this great country,
including freedom of speech ... (especially for those of us
who have no significant amount of money for the lawyers to
waste their time going after).
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