nanog mailing list archives

Re: Marriott wifi blocking


From: Jay Ashworth <jra () baylink com>
Date: Sun, 5 Oct 2014 17:23:47 -0400 (EDT)

----- Original Message -----
From: "Matthew Petach" <mpetach () netflight com>

This would be why commercial entities
often use their trademark identifiers
as part of the SSID. You can compel
them (briefly) not to use the SSID, until
they sue you for trademark infringement
and serve cease-and-desist orders against
you for unlicensed and unauthorized use
of the Starbucks name. Totally separate
realm of enforcement, and in many ways
far more effective.

Though this requires you to buy the argument that the use of a wordmark
*in an address of some time* is infringing under the terms of the Lanham
Act, which is a point on which I don't believe there's presently any case
law, and which I think would be a difficult argument to prosecute against
a properly defended plaintiff.

Just *using a word* that someone has registered as a wordmark is not
inherently infringement, or Ford City PA would be in serious trouble.
The Lanham Act is *quite* clear on what is an infringing use, and I 
don't myself believe the posited case qualifies.

Cheers,
-- jr 'IANAL' a
-- 
Jay R. Ashworth                  Baylink                       jra () baylink com
Designer                     The Things I Think                       RFC 2100
Ashworth & Associates       http://www.bcp38.info          2000 Land Rover DII
St Petersburg FL USA      BCP38: Ask For It By Name!           +1 727 647 1274


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