4 ms·
Actually doesn't matter if the names are not exactly the same (try opening a department store called "Waltmart") they can make it stick if they can convince a j
by GiraffeNecktie 17y ago
Actually doesn't matter if the names are not exactly the same (try opening a department store called "Waltmart") they can make it stick if they can convince a judge that someone else is trading off their reputation. That's not difficult to do if both entities are in similar businesses.
- memetichazard 17y agoDoes it matter that the trademark is based on something that precedes the company? I vaguely recall hearing that a trademark is hard to defend if it becomes part of the common language.
- GiraffeNecktie 17y agoYes it does have some bearing and I think it's reasonable to suggest that "rosetta" is part of the common language especially in the context of translation. I recall that Microsoft has had problems defending "Windows", even though it's a registered trademark. I'm not a lawyer, but my understanding is that the main consideration is whether someone could be seen as "passing off" their work under the name of a competitor. The courts won't allow me to exploit your reputation to sell my products.