4 ms·
I'm not a lawyer, but I'm fairly certain that trademarks are not all-contextual, as trademark infringement requires likelihood of confusion. It's certainly poss
by x1798DE 12y ago
I'm not a lawyer, but I'm fairly certain that trademarks are not all-contextual, as trademark infringement requires likelihood of confusion. It's certainly possible that there's enough likelihood of confusion here, because it's a web dev conference and the guy is some kind of web dev, but it's certainly not all-contextual.
Also, trademark creates a legal right. Whether that creates a moral right likely depends on your take on moral philosophy.
- yeldarb 12y agoThere is more than a likelihood of confusion. He showed several examples of _actual_ confusion in the marketplace in his blog post.
- Tyrannosaurs 12y agoAs someone who shares a name with a famous person where I have the obvious Twitter username, I'd suggest that this isn't confusion, it's people not understanding Twitter. My photo is me, by bio describes me and expressly says I'm not the musician (and gives their actual username) and yet I get mentions all the time. That's people not understanding, not caring or not bothering but it's not really confusion about our two identities.
- Dylan16807 12y agoConfusion on what twitter handle to use is not marketplace confusion. You can have one twitter in the paper bag industry and another in deep-space fishing and you'll find people tweeting to the wrong ones. People make a guess as to a likely address and don't check.
- rahimnathwani 12y agoThe confusion is in the opposite direction to that protected by trademark law. He's not losing customers/whoever because they're going to the FutureStack conference by accident, when they were intending to go to his house.