[IAEP] Sugar Labs potentially a trade mark infringer

Kevin Cole kjcole at dc.sugarlabs.org
Fri Jul 30 10:53:35 EDT 2010


On Fri, Jul 30, 2010 at 01:09, Tim McNamara <paperless at timmcnamara.co.nz> wrote:

> Compare "Breakout"[1] with "Break Out"[2]
> I haven't checked the USPTO's database, but I'm fairly certain that Atari
> would have registered it.

And though IANAL, I recall from a previous exploration that names that
are similar are found to be infringing, unless they are being applied
to very different animals.  For example, if I have a hardware store
and name it McDonald's, I'm not competing with a company that sells
fast food.  I win: I'm not in violation. However, if I have a game
that looks, tastes and smells like "Breakout" and bears the strikingly
similar name "Break Out"... Bzzzt. I lose.

-- 
Kevin Cole
Sugar Labs DC
Washington, DC


More information about the IAEP mailing list