[Wikipedia-l] Trademarks and user names

Erik Moeller erik_moeller at gmx.de
Wed May 7 21:16:00 UTC 2003


> Is the use of a trademarked name as a username problematic?

I don't think so, because it is not associated with the sale of a good or  
service.


The relevant US code states:
http://www4.law.cornell.edu/uscode/15/1125.html

-----

(c) Remedies for dilution of famous marks

(1)

The owner of a famous mark shall be entitled, subject to the principles
of equity and upon such terms as the court deems reasonable, to an
injunction against another person's *commercial use in commerce* of a
mark or trade name,...

The following shall not be actionable under this section:

(A)

Fair use of a famous mark by another person in comparative commercial
advertising or promotion to identify the competing goods or services of
the owner of the famous mark.


(B)

*Noncommercial* use of a mark.

(C)

All forms of news reporting and news commentary.

-----

That may not stop stupid people from sending nasty letters, but I think we  
can safely ignore them.

Regards,

Erik



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