Full Disclosure mailing list archives

Re: Re: iDownload/iSearch responds to Spyware Critics


From: bkfsec <bkfsec () sdf lonestar org>
Date: Mon, 14 Mar 2005 15:03:58 -0500

Valdis.Kletnieks () vt edu wrote:

On Sun, 13 Mar 2005 11:41:22 GMT, King Fuddler said:
I agree totally. What's even more interesting is that Apple Computers
hasn't gotten itself involved - a company getting this much exposure
with this degree of copyright infringement in its product name is
surely going to catch Jobs' eye sooner or later.

A minor correction - if Apple goes after them for the use of 'iFoo',
that would be a trademark issue (governed by Title 35 of the US Code), rather than
a copyright issue (governed by Title 17).  The paperwork for trademarks
is handed by the Patent and Trademark Office, the paperwork for registering
copyrights is done with the Register of Copyrights over at the Library of Congress.

Another issue with that, though, is the domain of the trademark. In order to claim domain over this trademark, Apple would have to show that they have the rightful domain over any electronic product (be it hardware or software) prefaced with an 'i'... that would probably be very difficult for Apple to prove...

            -Barry

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