Re: Unethical advertising practice

From: John Gaskill <jg_at_info-central-usa.com>
Date: Mon 11 Nov 2002 08:41:27 -0600

Dave Mata wrote:

<snip>

>As far as my understanding of the US Trademark Dilution act, this is not
>an infringement on any mark. They aren't misleading your customers, they
>aren't selling a product that has the same protected name. As far as my
>knowledge goes, the legal issue is a moot point.

I would disagree with you, Dave.

What is being "sold" here is the good name a trademark
holder/owner has built up through advertising investment,
good business practices and the like.

A search engine selling the right to trade on your good
name is violating your trademark, if it is registered, in
the most straightforward of ways.

This is not a situation comparable to the Pepsi Challenge,
wherein Pepsi-Cola compared itself straight up in blind
taste tests against Coca-Cola.

A trademark holder would be wise to protect its mark(s)
by notifying the offending party to cease its practice
or face legal action.

If the mark is unregistered, ethics are not involved,
the law of the jungle applies, subject to common law
and statuatory practices.

I am not a lawyer, but my experience tells me this
is what is going on here. It is quite possible that
the activity of trading in trademarked name searches
derives from the automated interface provided by
the search engine. The legal types may have no
knowledge of it -- yet.

John Gaskill
jg_at_Info-Central-USA.com
http://Info-Central-USA.com





Received on Mon Nov 11 2002 - 08:41:27 CST