Re: ADT Yard Signs

[Nomen Nescio <nobody@xxxxxxxxx>]

Crash Gordon said:

>This is interesting though. So you guys are kinda saying that if I bought a
>used ADT service truck with their signage on it, and drove it around not
>intending to do any alarm business that ADT or lets say just parked it on my
>driveway - would have no case?

Yes, especially since ADT had the opportunity to remove the signs before
selling you the truck and chose not to do so.

Trademark law is primarily about identifying the source of goods and
services.  In the example you gave, where someone is using the name of your
business without permission, to try and make some money, it's a trademark
violation because the public will probably be confused into thinking they
are buying from you.

Big companies like ADT are so well known, their trademarks are known as
"famous marks," and they get extra protection under the law.  For example,
you can't open a hamburger stand and call it McDonald's, even if your name
is McDonald.  But if your ADT truck is just parked in the driveway, it's
not being used in commerce, and the public is not being confused.

Where ADT may have a point on the yard signs is this:  suppose some DIYer
puts in his own piece of shit system, puts up some ADT yard signs to make
it look official...and the system starts causing lots of false alarms.
People see the yard signs and blame ADT, and maybe they don't buy an ADT
system because of it.  The public is confused as to the source of the alarm
system.

- badenov