AC Question

elwoodblues · #1 02-21-2007, 10:27 PM

Sorry if this has been discussed before, but I am genuinely curious.

How would Trademark/Tradenames be handled? Just for simplicity sake, could I create and brand a new gadget that plays digital music and call it an "Apple IPod" (not being affiliated with the existing Apple IPod product at all, though that product exists in the market.) What would the remedies be for such a move in the market?

iron81 · #2 02-21-2007, 10:32 PM

Long thread on that topic.

elwoodblues · #3 02-21-2007, 10:40 PM

Those IP issues deal more with Copyrights/Patents than Tradenames/Service Marks/etc. I think they're fairly different insofar as one can create a contract at the time of sale that requires a protection of the copyright and then sue for violations. It probably wouldn't work, but it's a potential solution. I think Trademarks are trickier in that there is a strong incentive to create a confusingly similar name/mark so as to get the benefits of the goodwill of a competing product.

slickpoppa · #4 02-21-2007, 10:51 PM

[ QUOTE ]
Those IP issues deal more with Copyrights/Patents than Tradenames/Service Marks/etc. I think they're fairly different insofar as one can create a contract at the time of sale that requires a protection of the copyright and then sue for violations. It probably wouldn't work, but it's a potential solution. I think Trademarks are trickier in that there is a strong incentive to create a confusingly similar name/mark so as to get the benefits of the goodwill of a competing product.

[/ QUOTE ]

I think the possible solutions are similar to those in the IP realm. Many firms would have an incentive to protect their own trademarks, so they'd enter into contracts with other firms in which they all agree not to do business with any firm that: (a) violates certain trademark rights or (b) does business with any firm that violates trademark rights. The system could even be more advanced. There could be a market for companies which facilitate and pool such agreements and investigate violations.

Small-scale firms might be able to get away with trademark infringement, but there would probably not be large scale trademark infringement because any decent sized company would probably not be able to function without doing business with other firms that respect trademark rights.

The lack of criminal penalties and customs enforcemnt would probably make the system more pourous than the current system, but not overwhelmingly so.

tolbiny · #5 02-21-2007, 11:08 PM

[ QUOTE ]
Sorry if this has been discussed before, but I am genuinely curious.

How would Trademark/Tradenames be handled? Just for simplicity sake, could I create and brand a new gadget that plays digital music and call it an "Apple IPod" (not being affiliated with the existing Apple IPod product at all, though that product exists in the market.) What would the remedies be for such a move in the market?

[/ QUOTE ]

I think at least part of the solution would come from civil actions. If you market your "ipod" in such a way that makes me think its associated with apple when its not that would (could) be considered fraud.

Dan. · #6 02-21-2007, 11:12 PM

[ QUOTE ]

I think at least part of the solution would come from civil actions. If you market your "ipod" in such a way that makes me think its associated with apple when its not that would (could) be considered fraud.

[/ QUOTE ]

What you call fraud, I consider doing business. Too bad there's no codified laws to settle this...

ShakeZula06 · #7 02-21-2007, 11:19 PM

[ QUOTE ]
[ QUOTE ]

I think at least part of the solution would come from civil actions. If you market your "ipod" in such a way that makes me think its associated with apple when its not that would (could) be considered fraud.

[/ QUOTE ]

What you call fraud, I consider doing business. Too bad there's no codified laws to settle this...

[/ QUOTE ]
Bad assumption

Dan. · #8 02-21-2007, 11:25 PM

[ QUOTE ]
What you call fraud, I consider doing business. Too bad there's no codified laws to settle this...

[/ QUOTE ]
Bad assumption

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Well I can just find an arbitrator who feels the way I do about the issue and demand we use him. I don't have to associate with the arbitrator you wish.

tolbiny · #9 02-21-2007, 11:37 PM

[ QUOTE ]
[ QUOTE ]
What you call fraud, I consider doing business. Too bad there's no codified laws to settle this...

[/ QUOTE ]
Bad assumption

[/ QUOTE ]

Well I can just find an arbitrator who feels the way I do about the issue and demand we use him. I don't have to associate with the arbitrator you wish.

[/ QUOTE ]

Don't you get tired of being the same idiot troll day in, day out?

If you are an unreasonable person who will only use an arbiter who agrees with you then
1. No one will sell you parts to build your fake ipods
2. No one will work for you because you have no reason to pay them (after all you wil just take the decision to an arbiter that favors you right?)
3. No one will loan you money for your business (for the same reason as above, why would you repay the loan?)
4. No one will let you in their store to sell you food so you'll starve todeath.

So uhh, yeah, if you can make your ipods out of berries and sticks and [censored] you find in the woods then your fine.

BCPVP · #10 02-22-2007, 03:18 AM

When you start thinking about solutions to problems people think up for AC, you're heading down a slippery road... [img]/images/graemlins/wink.gif[/img]

Even though the general topic's been done before, kudos to elwood for not poisoning the discussion right from the OP. Like tolbiny said, if a company is representing their product using your trademark as though the product was made by you, that's fraud. If there is no attempt to confuse the customers, I'm not sure how big of a problem this would be.