From: Charlie Stross (charlie@antipope.org)
Date: Mon Dec 21 1998 - 03:09:44 MST
On Sat, Dec 19, 1998 at 12:08:35AM -0800, Paul Hughes wrote:
> ..... Lets say that
> my last name is McDonald, and that I can trace back my lineage to
> that name further than the original owner of the Multi-billion
> dollar fast food chain. And I decided to open a small business
> online called "McDonald's Electronics". No doubt, I will be sued
> by the fast food chain, and loose in a court of law and then
> forced by the strong arm of government to change the name of my
> business.
Point of note:
McDonald's (the fried rat chain) sued a small business (also called
McDonald's, also in the fast food line, also established for quite a
few years) not far from here a while back. The big mega- corporation
got its day in court -- and was told to fuck right off by the court.
Seems they don't have a monopoly on the name -- at least, not here in
Scotland.
As a further aside, it's worth noting the "use it or lose it" aspect
of current trademark law. A hoover is a generic vacuum cleaner; a kleenex
is a generic paper hendkerchief. A xerox is a photocopier. They failed
to stop the words entering common usage and they've effectively become
generic -- not so generic that you can get away with calling your new
photocopier range 'xerox machines', but not far from it.
-- Charlie
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