Re: Antidilution

Subject: Re: Re: Antidilution

Comments:
: : I have been searching for law or decisions in the following situation: : : Non-profit Corporation is named XYZ. As a member of XYZ, a mailing list is created with the name 'XYZ mailing list.' It is no created as part of XYZ, but seperate. In the subscription information it mentions that 'XYZ mailing list,' is not representing XYZ corparation, is not in commerce, but is a place for members and people who are interested to communicate about XYZ corporation. The ability to subscribe is open to anyone and costs nothing. In no way do the views or comments represent XYZ, only the authors opinions. : : A like example would be a mailing list is created called 'IBM Mailing List.' No fees or ads or commerce occurs. It is purely created to talk about the corporation IBM. Anyone can join, again with no cost, commerce or obligation. : : I realize that a page that uses parady of IBM, would likely be legal. My understanding that commerce must be involved along with harm to the TM/SM. : : Any pointers to articles/decisions would be greatly appreaciated. : : Thank you for any pointers, : : Andy : This does not look like an antidulution problem. There is no censorship on the use of trademarks by reference to them. One has to avoid unfair competition. There may be legal questions as to use and relationship. There are no absolutes, if there were the would be no need for lawyers. Whether you like or not for you to better understand the risks a dialog has to be established to formulate the problem and assess the risks. It looks like you have started early enough to be able to avoid the expensive problems that could follow from naivete. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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