previous: SK Are you a lawyer? I'd like to get a... -- 12/7/2002 1:32 PM

Re: I'd like a legal interpretation on this trademark....

12/7/2002 2:22 PM

Dick

Re: I'd like a legal interpretation on this trademark.... Hi SK,   Actually, I am a law student in Australia. Due to the 'international' nature of this forum, the law is different where each one of us lives. As such, I cannot really talk about the substantive law in each country (it could go on for ever ), only the different theroums of law that we share between our not too dissimilar countries. Most western countries all share a common legal history, and a legal system that is deriviative of the same origion. (the Magna Carta). Because we are 'common law'countries, the theories behind the different substantive law from each of our countries are similar, yet are also tainted with micro (although sometimes marco) differences.   In Australia (and indeed, England) I cannot see how this trademark can even work. From my understanding, American does not follow the 'doctrine of precedent' as strictly as we do, so I cant really exaimine older trademark cases in order to adequately gauge the situation. I am working on the assumption that this Dimarzio trademark is full and correct.   I am wondering if this trademark can be challenged on the basis of unfair trade restraint- I am not too sure, but didnt Microsoft recently loose a big case in the states conserening the monopolisation of buisness? But then , see, the doctrine of precedent thing comes into play- the court does not have to decide the same way again so...   So, I am sorry, but I cannot vouch for the validity of the Dimazio trademark. If you have any friends who are lawyers in your country, it might be an idea to ask them, because of the reasons arealdy disscussed.   Hope this is of some help   Cheers   Dick

 

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SK thanks anyways...I'm looking at fil... -- 12/7/2002 4:45 PM