EAL

Brooke. No, I was a little loose in my language. The issue isn't intent of MC, it's the effect of the usage on the purchaser. Does the usage cause confusion regarding origon or quality? It can be quite accidential and, indeed, usually is accidential.

Brooke Hoyer wrote: >From: EAL
>To: obra@list.obra.org
>Subject: Re: [OBRA Chat] Stumpjumper vs. Stumptown
>Date: Thu, 9 Feb 2006 17:17:19 -0800 (PST)
>
>The fact is that trademark infringement usually occurs in the context
>trying to create the impression that the infringer's product as the same
>qualities as the trademarked product.

Bingo, Ed. And in this case, do you think there is any liklyhood that
Mountain Cycles was trying to create the impression that the Stumptown
cyclocross bicycle had the same qaulities as the Specialized Stumpjumper?

Answer: NO

Brooke Hoyer

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