bugtraq - Re: Re: iDownload/iSearch responds to Spyware Critics

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Message-ID: <4235EE2E.3090904@sdf.lonestar.org>
Date: Mon, 14 Mar 2005 15:03:58 -0500
From: bkfsec <bkfsec@....lonestar.org>
To: Valdis.Kletnieks@...edu
Cc: King Fuddler <darkiye@...il.com>,
	full-disclosure@...ts.grok.org.uk, bugtraq@...urityfocus.com,
	news@...uriteam.com
Subject: Re: Re: iDownload/iSearch responds to Spyware
	Critics

Valdis.Kletnieks@...edu wrote:

>On Sun, 13 Mar 2005 11:41:22 GMT, King Fuddler said:
>  
>
>>I agree totally. What's even more interesting is that Apple Computers
>>hasn't gotten itself involved - a company getting this much exposure
>>with this degree of copyright infringement in its product name is
>>surely going to catch Jobs' eye sooner or later.
>>    
>>
>
>A minor correction - if Apple goes after them for the use of 'iFoo',
>that would be a trademark issue (governed by Title 35 of the US Code), rather than
>a copyright issue (governed by Title 17).  The paperwork for trademarks
>is handed by the Patent and Trademark Office, the paperwork for registering
>copyrights is done with the Register of Copyrights over at the Library of Congress.
>  
>

Another issue with that, though, is the domain of the trademark.  In 
order to claim domain over this trademark, Apple would have to show that 
they have the rightful domain over any electronic product (be it 
hardware or software) prefaced with an 'i'... that would probably be 
very difficult for Apple to prove...

             -Barry

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