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Re: Habeas and spam

2003-06-07 15:56:20
Phillip writes:

IANAL but I don't take the fact that habeas was founded
by a lawyer to indicate that their idea of copyright law
is necessarily enforceable.

Agreed.  Probably 95% of all corporations are founded by lawyers.  That
doesn't mean that they'll always win in court, or even that they have sound
business ideas.

But there is a pretty good argument that unauthorized
use of the statement 'approved by Habeas' or similar
is a mark.

It would have to demonstrably lead to confusion in the eyes of consumers or
dilute the value of the mark.  Since this mark would not even be visible to
consumers, it's hard to see how that could be argued in this case.





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