3 ms·
> It indicates you're not using the disclaimed marks to indicate origin of goods and services you are offering. You indicate this by doing it. Merely mentionin
by derleth 15y ago
> It indicates you're not using the disclaimed marks to indicate origin of goods and services you are offering.
You indicate this by doing it. Merely mentioning a trademark someone else owns doesn't infringe on any of the rights owning a trademark gives you.
> If the marks are shown alongside a notice disclaiming ownership then a registered trademark owner can't (mitigating circumstances excepting) claim that you're attempting to pass-off using their mark.
The standard of trademark infringement is confusion; having a product that is labelled confusingly is illegal regardless of what disclaimers you have, having a product that is not confusing is legal even with no disclaimers.
Trademark dilution is a bit broader but, even so, just mentioning a trademark is not dilution. You still have to use it to advertise your own product.
Here is a good overview of trademark law:
http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm
- pbhjpbhj 15y ago>"having a product that is labelled confusingly is illegal regardless of what disclaimers you have" // There's the rub. The disclaimer is the label that [attempts] to remove the confusion of the product with anything which may have originated with the mentioned marks owner. This statement belies a position of ignorance of legal reality. You're basically saying that in TM law there is no middle ground or gray area between confusion and clarity of use of marks. There is, of course, and disclaimers simply attempt to ensure that ones position on the right side of the line is made obvious. Why do you feel a disclaimer does not speak towards excision of confusion? I note you didn't answer my question of your credentials?