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Yahoo Serious Fights Yahoo! trademark
fsck writes "Australian actor Yahoo Serious is fighting Internet portal Yahoo! for the trademark to the word Yahoo, registered with the Australian Trade Marks Office in August. Yahoo! was founded in 1994, whereas Yahoo Serious changed his name by deed poll in 1980. It sounds as though Mr Serious is, among other things, tired of receiving any more misdirected Yahoo! snail mail." The levels of comedy to this are astounding.
If you read the link, it finds in favor of Yahoo.com. Pertinent info below:
From the Australian Trade Marks Office:
Yahoo Serious v Yahoo! Inc [2001] ATMO 74 (13 August 2001)
The evidence shows that Mr Serious does not use his name, Yahoo Serious, or his forename, to distinguish goods or services. It is true that he writes, directs and produces motion picture films in which he stars; however, it is not apparent in the evidence that either of the words `Yahoo Serious', or the word `Yahoo' are used as a trade mark in relation to the films. The closest that I can find in the evidence to use of any sign that might be as a trade mark is the repeated use of the words, a `Serious Production' or `Serious Entertainment' on promotional material associated with the motion pictures. However, this use is obviously of no assistance to Mr Serious as the opposed trade mark is the word YAHOO! and I therefore do not have to decide whether this use of the word SERIOUS is as a trade mark.
there are 2 kinds of people. those who divide people into 2 kinds, and those who don't.
Who is Sir Donald Bradman Indeed! Ok It may just be that im australian, but Sir Donald Bradman is one of the Australias most famous cricketers. Born in 1908 in SA (south australia) , with a test average of 99.94, and in all the tests in which he played, in he scored a total of close to 7000 runs.
Sadly Sir Don passed away in august 2000. he was made a Companion of the Order of Australia. one of may great australians. but then I guess most Americans wouldnt know of him, let alone Cricket.
First, we should all keep in mind that this is Australian law, so YMMV.
:-)
However, it is not axiomatic that you have a (trademark) right to your own name. Ever heard of "Taylor Wine", a fairly large upstate-NY winery that markets inexpensive table wine? It was a family-owned business. In the late 70s, two brothers that ran the business had a falling out. One brother decided to run his own business, and incorporated "Taylor" into the name.
Much sueing occurred -- and the court ruled that the original Taylor could prevent the new Taylor from using the FAMILY NAME in his business (and, presumably, anyone else who wanted to use "Taylor" in relationship to a winery). The fact that it was his name didn't carry any weight. I believe there have been several other similar cases, but I can't remember them off the top of my head.
FYI, if you want to know the outcome -- Taylor #2 renamed his winery "Bully Hill" (I believe the original winery was on a hill...), and continued to do business. I left upstate NY in '90, so I don't know how much success they've achieved. Neither wines were particularly good
Now, I believe Linus holds the trademark for "Linux". Could you open a company called "Linus Torvalds Operating Systems, Inc" ? Maybe.
First, the story is that Yahoo Serious is appealing the August decision.
Secondly, Yahoo! the company has registered a trademark in Australia for use in, amongst other things, "Entertainment services including television programmes". On the face of it, he may have a case that using "Yahoo!" as a trademark in the entertainment industry would be "confusingly similar" to his name, even though he has not trademarked his name.
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