Quote:
Originally Posted by Dillian
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theres nothing anyone can do he OWNS the word combo. Its like me makeing a diffrent soda or drink and calling it Pepsi. You think you can get something else done be my guest. If not then STFU
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sigh
No, Mr. Wilson's company is the assignee of the word mark "Auction Tracker" for a very narrow field of goods and services:
Quote:
Word Mark AUCTION TRACKER
Goods and Services IC 009. US 021 023 026 036 038. G & S: computer software for use in the management of fund raising events or tracking guests, volunteers, donors and sponsors, assigning goods numbers and seating assignments, exporting to other programs and generating the necessary reports. FIRST USE: 19920000. FIRST USE IN COMMERCE: 19920000
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Webewizard is not using the words "Auction Tracker" as a brand or to signify the source of his webpage log parser, but as a generic term describing what his log parser does, i.e. tracks auctions. I find Mr. Wilson's claims of confusion highly dubious.
Additionally, your example is completely inapposite. Pespi has trademarks specifically for beverages branded Pepsi. Of course you can't go out and make another beverage and brand it Pepsi. You could make Pepsi brand water-well drilling services or Pepsi brand oriental rugs.
I can go out tonight and start making shoes and call them "Auction Tracker" brand shoes and not infringe Mr. Wilson's trademark. Just like Webewizard can use the generic term "auction tracker" for his EQ emulator log parser.
Auction Tracker (add it to every post so it gets to #1 in Google)