Fun_People Archive
15 Feb
New California bill ``Unauthorized electronic use of trademark''

Date: Thu, 15 Feb 96 20:14:19 -0800
From: Peter Langston <psl>
To: Fun_People
Subject: New California bill ``Unauthorized electronic use of trademark''

[I'm sure glad I don't live in California...  -psl]

Forwarded-by: bostic@bsdi.com (Keith Bostic)
Forwarded-by: Wendell Craig Baker <wbaker@splat.baker.com>

From: "Brett Glass" <Brett_Glass@ccgate.infoworld.com>

Gotta see this to believe it.  A bill, just introduced in the CA
legislature, would make it illegal to have a computer account (NOT a
domain name, an ACCOUNT) with a name that someone is using as a trademark.
Since most of the words in the English language -- not to mention most
names -- are used by SOMEONE as trademarks, this means that you could
probably not have an account with your name on it anywhere. Or whose name
was anything but gibberish.

Apparently, this misguided bill was an attempt to prevent appropriation
of Internet domain names that were someone else's trademark, but in its
present form it's completely ludicrous. Yet another attempt by lawmakers
to control things they know nothing about!

--Brett
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29169                                                   02/10/95 10:46 AM
                                                        RN9507108 PAGE 1

                        LEGISLATIVE COUNSEL'S DIGEST

Bill No.
as introduced, Calderon.
General Subject: Unauthorized electronic use of trademark


Existing law provides for the registration and protection of trademarks
and trade names.

This bill would provide that the unauthorized use of another's trade
name, registered name, or trademark as a user identification or
electronic mail address on any computer bulletin board, information
network, or information system which accepts and relays electronic mail
into computers situated in this state shall constitute an act of unfair
competition and is unlawful, as provided. This bill would provide that
the failure of a person to release the use of the name or trademark upon
demand from the owner shall be grounds for the issuance of an immediate
injunction, and an award of specified damages and costs.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.

        THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Title 7 (commencing with  Section 3428) is added to Part 1 of
Division 4 of the Civil Code, to read:

TITLE 7. UNAUTHORIZED ELECTRONIC USE OF TRADEMARK

3428. (a) The unauthorized use of another's trade name, registered name,
or trademark as a user identification or electronic mail address on any
computer bulletin board, information network, or information system, such
as the "Internet" or the "World Wide Web," which accepts and relays
electronic mail into computers situated in this state shall constitute an
act of unfair competition and is unlawful if that user fails to release
that user identification or electronic mail address upon a notice of
unauthorized use and demand from the owner of that trade name, registered
name, or trademark for the user's release of he user identification or
electronic mail address.

(b) The failure of a person using another's trade name, registered name,
or trademark as a user identification or electronic mail address to
release the use of that name or trademark on any computer bulletin board,
information network, or information system upon demand from the owner
shall be grounds for the issuance of an immediate injunction, an award of
monetary damages of not less than one thousand dollars ($1,000), and an
award of costs and attorney's fees.
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