Re: ADT Yard Signs

["Crash Gordon" <webmaster@xxxxxxxxxxxxxxxxxxxxx>]

That's what I was getting at; dilution of a famous mark.


"Nomen Nescio" <nobody@xxxxxxxxx> wrote in message
news:ce4ca545e289c6831161608e27a1a887@xxxxxxxxxxxx
| 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
|