Quote:
Originally posted by lawpal
Internet eraser has, under the Lahnam act, an argument that it owns a "tradedress", which essentially means that it can make a claim against someone trying to steal money by creating a confusingly similar product, which they market and sell in a manner which might confuse consumers.
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Your name isn't very becoming of you. I'd expect someone named "<i>law</i>pal" to have a better idea about this. Going by your interpretation of "tradedress", the original teen paysite could sue every other teensite for creating a "confusingly" similar product?
They're all naked chicks, that are teens. SUE DAMMIT, SUE!!
You seem to misunderstand the statute!
"is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person"
Simply put, would a reasonable person be deceived into thinking internet washer and internet eraser are the same product?
I don't think so.
Obviously, someone will realise that they will essentially do the same thing. Hell, i'm pretty sure Heinz Baked Beans are essentially the same as Golden Circle Baked Beans too! Should they sue?
"false designation of origin + false or misleading description of fact"
Please point out where this occurs.