Reply to thread

Message

[QUOTE="IthacaMatt, post: 4712172, member: 405"]
Another thing that people misunderstand about trademarks - including George McGuire.  A TM is not really intended to be a "sword" to kill all competitors and put them out of business.  It's better understood as a shield, to protect your legitimate business interest.

The test that is applied to ALL alleged TM infringements or violations is whether there is a likelihood of confusion as to the source of the goods or services, or whether the use is insinuating an implied endorsement.

If DC is seeking use of "44's" for the name of a restaurant or bar, then to me, there is no likelihood of confusion that Syracuse University is operating the establishment, or even an investor in it.  DC wins this case.

"My SU Life" - again, he's a public figure, it's a factual statement, he was newsworthy, and I don't think they can censor that he went to SU out of the name of the book any more than they could sensor all references to SU made inside it.
[/QUOTE]

Verification

What is a Syracuse fan's favorite color?