April 21, 2003
How about P2P?
What about if the musicians abroad have tried to spoil P2Pnets by flooding them with bogus files like Madonna's recent stunt, and as a result, have had courts rule that they deliberately diluted their trademark interests in their band-names? See my blog entry for more details:
I doubt Madonna has thought about the damage these planted spoofs could do by diluting her trademarks. Trademarks, after all, are intended to protect consumers by defending a source's association with quality goods and services. If the same name is increasingly found on deliberately poor quality music files or curses, with the authorization of the trademark holder, duped listeners might reasonably stop thinking favorably of the brand -- giving a plausible argument that the artist had diluted or abandoned her own mark.(quote from Wendy Seltzer, an EFF staff atty) Posted by Cory Doctorow at April 21, 2003 07:18 AM | TrackBack