[79641] in North American Network Operators' Group
Re: djbdns: An alternative to BIND
daemon@ATHENA.MIT.EDU (Michael Froomkin - U.Miami School )
Tue Apr 12 19:06:14 2005
Date: Tue, 12 Apr 2005 19:07:46 -0400 (EDT)
From: "Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>
Reply-To: froomkin@law.tm
To: Dean Anderson <dean@av8.com>
Cc: "Jay R. Ashworth" <jra@baylink.com>, nanog@merit.edu
In-Reply-To: <Pine.LNX.4.44.0504121637470.16616-100000@localhost.localdomain>
Errors-To: owner-nanog@merit.edu
Apologies for interrupting the rehash of the protocol wars, but, as a
sometime teacher of trademark law, I must protest.
Under US law at least, a trademark can only be sold as part of a larger
transfer of assets structured to "include" the "goodwill". Typical
examples include: selling the equipment used to make the good; selling the
whole subsidiary.
To sell just a mark is not usually possible -- it would be the dreaded
"assignment in gross" -- which leads to a finding that the mark is no
longer protected.
(A mark can of course be licensed...but woe to the licensor who does not
monitor the quality of the goods licensed.)
OK. Back to our regularly scheduled programming.
On Tue, 12 Apr 2005, Dean Anderson wrote:
>
> Yes, you _can_ purchase a *license*, if a license is offered. But the mark
> itself can also be sold. Same goes for a copyright. Same goes for
> patents.
>
--
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A. Michael Froomkin | Professor of Law | froomkin@law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
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