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Playboy can pursue charges against Excite and Netscape

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The Sushi Bandit Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-16-04 02:46 PM
Original message
Playboy can pursue charges against Excite and Netscape
Playboy Enterprises can pursue charges that Excite and Netscape
http://yro.slashdot.org/

"News.com et al report that The Ninth Circuit U.S. Court of Appeals on Wednesday found Playboy Enterprises can pursue charges that Excite and Netscape Communications violated its trademark by selling banner advertisements triggered by the terms 'playboy' and 'playmate.' The decision reverses a district court ruling that dismissed the suit without a trial in 2000. Playboy 'clearly holds the marks in question, and defendants used the marks in commerce without (its) permission,' a split three-judge panel wrote in its majority decision." This is a shame, because the first judge to look at this case seems to have pretty much gotten it right: "Although the trademark terms and the English language words are undisputedly identical, which, presumably, leads plaintiff to believe that the use of the English words is akin to use of the trademarks, the holder of a trademark may not remove a word from the English language merely by acquiring trademark rights in it."
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Dogmudgeon Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-16-04 02:49 PM
Response to Original message
1. Ah, yes ...
Even more of the English language is auctioned off to the highest bidder.

One of these days, you know, they'll make us get a license if we want to write anything for sale.

The good news is that Playboy Enterprises is now presumably off the Right Wing's s**t list.

--bkl
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Champion Jack Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-16-04 02:57 PM
Response to Reply #1
2. BTW You owe me $2.24
I own the phrase " One of these days"
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Commie Pinko Dirtbag Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-16-04 03:05 PM
Response to Reply #2
3. Only if you're from Pink Floyd, pal.
Great song BTW.
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Champion Jack Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-16-04 03:09 PM
Response to Reply #3
4. Whooops there's another $0.32
I own "Pal" too
heh heh heh
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