[Commons-Law] yahoo tea

[Shamnad Basheer]

hi sudhir,
you're right-the important question is to ask as to whether we need such protection at all for well known marks-on the contrary, going by the traditionale rationale of "customer confusion", it may even be possible to make a case against such grant on the ground that the more well known a mark, the lesser protection it deserves-since consumers would be well aware of the mark and less prone to confusion.
regards-sham
 sudhir krishnaswamy <sudhir75 at hotmail.com> wrote:hi shamnad

yahoo tea and yahoo on the web could be registered under different 
classification categories for the purposes of trademark law.. then yahoo on 
the web would argue that it is a well known mark and entitled to anti 
dilution remedies.

this poses the now familiar argument of why we should protect marks beyond 
consumer protection and unfair competition rationale and treat it as 
property. this is more the case when the term 'yahoo' has had a significant 
pulbic domain cultural life - a la shammi kapoor - of its own before the 
trademark claim!

sudhir





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