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Re: LYNX-DEV browser.org


From: Neil K. Guy
Subject: Re: LYNX-DEV browser.org
Date: Tue, 22 Oct 1996 05:57:16 -0700

At 1:46 PM on 10/22/96, Drazen Kacar wrote:

> I thought that you can't copyright a word, it can be only your trademark.
> Trademarks are connected to a specific area, i. e. there is an Apple
> trademark for the computer industry, and another Apple trademark for music
> industry. They can't force each other to abandon the name.
>
> There is no other browser (or browser like) program with the name lynx.
> Therefore, no one can claim the right on lynx as trademark for the
> browser like things.

 Correct. A common point of confusion is the distinction between copyright
and trademark. You cannot copyright a word, as you say. You can only
trademark it; a procedure that varies from country to country. For more
info check out the Copyright FAQ:

 http://www.aimnet.com/~carroll/copyright/faq-home.html

 or Brad Templeton's 10 Big Myths About Copyright Explained:

 http://www.clari.net/brad/copymyths.html

 The problem is that there is nothing to stop a person or a company from
being a jerk and launching a suit to force someone to change a name - even
though the suit may be totally groundless in law. This is the same tactic
all too frequently used by large companies who want to shut down a
troublesome environmental activist. They can take legal action - knowing
full well that they'd lose in court - secure in the knowledge that the
activist simply doesn't have deep enough pockets to fight it. In many cases
a simple letter from a lawyer will generate enough FUD (fear, uncertainty
and doubt) that a full-blown suit isn't necessary. The little guy often has
to roll over, because it's draining to say the least to take on an army of
corporate lawyers from some multinational.

 As a matter of fact, I've seen what I consider to be an example this
particular phenomenon with regards to intellectual property quite
recently... The upshot of all this is that it's worth taking the time to
check and see that the name you want to use is trademarked, but don't be
surprised if someone else claims it regardless.

 - Neil K. Guy

--
        the Vancouver CommunityNet   *   http://www.vcn.bc.ca/
              (formerly the Vancouver Regional FreeNet)
     Neil K. Guy   *   address@hidden   *  Vice president & Webmeister
  This message does not represent VCNA board policy unless so indicated.


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