Re:A Conference Stole My Identity
by danielweber on Thursday July 24, 2014 @12:46PM
(#8080640)
Impersonating the other FS also confused his story. I saw the logo on his tweets was the logo at futurestack.io, I thought that he made the logo first, and then futurestack.io copied it. And that would have crossed a serious line.
Instead, the artist crossed the line first and cost himself a claim to clean hands. He deliberately caused confusion, which is what brands are supposed to protect against.
Even McDonald's doesn't "get that right over all uses of their name" - there are plenty of shops in Scotland called McDonalds. (In particular, there is a Hallmark-like shop in Glasgow that has the same name as, and is on the same street as, a McDonalds hamburgers).
In Scotland, I can see that being a difficult case for McDonald's to win. But then in the U.S., they win a case against a guy trying to market "MacDimSum", as they claim consumers would be confused that its a McDonald's product. They won that case, so food products cannot have the prefix Mc or Mac. Trademark can sometimes grant vast powers to famous brands.
As someone who is involved in naming things for big companies sometimes, it's actually quite hard to find a name that isn't registered as a trademark.
I don't like the idea of someone claiming all uses of a name forever. Very few companies (McDonalds, Disney, Coca-Cola) get that right over all uses of their name, and it should remain very few.