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> You could open a Comcast barbershop, or bottle Comcast Cola, or run a Comcast liquor distillery without infringing Comcast's trademarks * Maybe you could, ma

by yebyen 9y ago

> You could open a Comcast barbershop, or bottle Comcast Cola, or run a Comcast liquor distillery without infringing Comcast's trademarks * Maybe you could, maybe you couldn't. Comcast is such a well-known brand and that also plays into the decision. It's not at all clear-cut. I think if you did this today, you would get shut down at the discretion of the judge for piggybacking on the established brand, but if you had Comcast Cola established before Comcast Cable or at the same time as them, you'd have a better chance at keeping your name. (I am not a lawyer but I did study at Slashdot U in the 90's.)

mikeash 9y ago
I think it's important to note that the fundamental purpose of trademark is to protect buyers. The idea is that if you buy something that says Brand X, you should be able to know that it actually came from Brand X. For example, if I buy a Coke, I can be confident that it came from The Coca-Cola Company, not Joe's Discount Soda and Rat Poison. Companies holding trademarks benefit as well, but that's not the goal. Given that, I think (IANAL either) that much of the decision will come down to whether or not they think buyers will be confused about who the product came from. I don't know how that would play out in the case of a Comcast barber shop, but that's going to me a major part of it. Back to the actual case at hand, nobody is going to see comcastroturf.com and think that it's actually from Comcast, so there should be no case for trademark infringement.
logfromblammo 9y ago
I am not a lawyer, but I did work on software to create trademark search reports in the 00s. You absolutely can open up a Comcast barber shop, by the existing trademark laws. But every trademark lawyer worth their retainer would recommend that you not do that. In order to be a blanket trademark, you have to be instantly recognizable in every household in the US, and be registered for nearly every possible business category. Something like Disney qualifies, because it puts its kraken tentacles into everything, and sells many types of merchandise in its giant web of internal cross-promotion. About the only thing I would even attempt is (without searching the trademark database) Disney Firearms Manufacturing, and I'd better not have more than two ovoid shapes total in my entire factory. Those, I could mine tons of brass out of, for shell casings. In addition to the law, there is the unwritten "better lawyer rule". And that means that any company that has enough money to hire more than one dedicated, full-time corporate lawyer will almost always beat you in court, even if the law is on your side, because they can tie you up forever with procedural rules and dirty tactics, until you run out of money and are forced to concede defeat. In order to win against Comcast, the judge would have to be on your side, but judges are supposed to be impartial, and those who aren't are more likely more partial to the ones funding their judicial retention election campaigns. So any sensible person, not just your lawyer, will advise you not to throw rocks at giants. But the law would still be on your side, even if no one in the civil courts system is. Though everyone who knows you would think you're crazy, and would try not to stand too close to you in public.

by yebyen 9y ago

mikeash 9y ago

I think it's important to note that the fundamental purpose of trademark is to protect buyers. The idea is that if you buy something that says Brand X, you should be able to know that it actually came from Brand X. For example, if I buy a Coke, I can be confident that it came from The Coca-Cola Company, not Joe's Discount Soda and Rat Poison. Companies holding trademarks benefit as well, but that's not the goal. Given that, I think (IANAL either) that much of the decision will come down to whether or not they think buyers will be confused about who the product came from. I don't know how that would play out in the case of a Comcast barber shop, but that's going to me a major part of it. Back to the actual case at hand, nobody is going to see comcastroturf.com and think that it's actually from Comcast, so there should be no case for trademark infringement.

logfromblammo 9y ago

I am not a lawyer, but I did work on software to create trademark search reports in the 00s. You absolutely can open up a Comcast barber shop, by the existing trademark laws. But every trademark lawyer worth their retainer would recommend that you not do that. In order to be a blanket trademark, you have to be instantly recognizable in every household in the US, and be registered for nearly every possible business category. Something like Disney qualifies, because it puts its kraken tentacles into everything, and sells many types of merchandise in its giant web of internal cross-promotion. About the only thing I would even attempt is (without searching the trademark database) Disney Firearms Manufacturing, and I'd better not have more than two ovoid shapes total in my entire factory. Those, I could mine tons of brass out of, for shell casings. In addition to the law, there is the unwritten "better lawyer rule". And that means that any company that has enough money to hire more than one dedicated, full-time corporate lawyer will almost always beat you in court, even if the law is on your side, because they can tie you up forever with procedural rules and dirty tactics, until you run out of money and are forced to concede defeat. In order to win against Comcast, the judge would have to be on your side, but judges are supposed to be impartial, and those who aren't are more likely more partial to the ones funding their judicial retention election campaigns. So any sensible person, not just your lawyer, will advise you not to throw rocks at giants. But the law would still be on your side, even if no one in the civil courts system is. Though everyone who knows you would think you're crazy, and would try not to stand too close to you in public.