Offensive (as opposed to defensive) use of Trademarks...

From: Russell McOrmond <russell _-at-_ flora.ca>
To: General Copyright Discussions <discuss (at) digital-copyright.ca>
Date: Mon, 27 Jan 2003 12:13:35 -0500 (EST)

  There have been many discussions in this forum of using patents 
offensively against those who wish to use patents against others.

  It seems that something similar is already happening with trademarks.  
More about this story can be found at: http://kembrew.com/

http://www.nytimes.com/2003/01/23/business/media/23ADCO.html

    Kembrew McLeod, assistant professor of communications studies at the 
    University of Iowa, believes that "freedom of expression" ? or at 
    least the phrase ? belongs to him, because he registered it as a 
    trademark in 1998. And now that AT&T is using the phrase in some 
    print ads, he wants the company to stop.

    Yesterday, Mr. McLeod sent AT&T a "cease and desist" letter, asserting 
    that consumers might infer a link between the company and his 
    anti-corporate publication, "Freedom of Expression." The bigger idea 
    behind his legal action, he said, is to object to corporate power over 
    words, speech and even ideas.


  All I can say to Mr. McLeod is "More Power To You" (tm claimed by
Network Associates).  We'll have to see if this raises enough public
interest against inappropriate trademarks to get an overhaul in the
trademark system.

  Did people know that phrases like "Oil Change", "Guard Dog" and
"HelpDesk"  are also claimed as trademarks by Networks Associates?

  http://download.nai.com/products/mcafee-avert/README.TXT
  http://www.flora.org/flora/server/comnet-www/1847

---
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
 Any 'hardware assist' for communications, whether it be eye-glasses, 
 VCR's, or personal computers, must be under the control of the citizen 
 and not a third party.   -- http://www.flora.ca/russell/

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