Simon Latouche
October 5, 2001, 02:02 AM
Court asked to decide who's the real Yahoo
By GAVIN LOWER, AAP
Thursday 04 October, 2001 12:40 GMT+10:00
Who's the real Yahoo? A global Internet company or Australian comic actor?
The Federal Court will be asked to decide when it hears a case brought by actor and director Yahoo Serious against US Internet giant Yahoo.
Serious is appealing against a decision by the Australian Trade Marks Office in August this year rejecting his opposition to an application by Yahoo to register Yahoo as a trademark.
The first directions hearing in the case was held today and the matter will return to court next March.
The actor, known for the films Young Einstein, Reckless Kelly and Mr Accident, was very upset about the situation, his lawyer, Andy Chrysiliou said.
"He can't understand how a name that he has used, has been identified with him, been exposed worldwide, how someone can come along and simply take that," he said. "We're wanting to preserve his right to use the name Yahoo."
Chrysiliou said his client, who changed his name by deed poll in 1980, was widely known and had been extensively publicised as Yahoo.
"He had widespread exposure before Yahoo was ever thought of," he said.
Yahoo sought to register Yahoo as a trademark in a number of areas including the entertainment field.
Chrysiliou said there was a concern the public could be misled if they thought Yahoo Serious was involved with Yahoo.
"It seems to us they're trying to encroach upon our particular field," he said.
Patent and trademark lawyer Annette Freeman said in a statement the case may prompt celebrities to consider registering their names as trademarks for protection.
"Celebrities often exploit their names for profit, sometimes on products beyond their films or recordings," she said.
"Elle Macpherson and Paul Newman, for example, have used their famous names to sell products."
Freeman said registration of a celebrity name as a trademark had already been done by names such as Australian cricketing legend Sir Donald Bradman, actress Farrah Fawcett and Australian entrepreneur Dick Smith.
This story was found at:
http://it.mycareer.com.au/breaking/2001/10/04/FFXY8O9GDSC.html
By GAVIN LOWER, AAP
Thursday 04 October, 2001 12:40 GMT+10:00
Who's the real Yahoo? A global Internet company or Australian comic actor?
The Federal Court will be asked to decide when it hears a case brought by actor and director Yahoo Serious against US Internet giant Yahoo.
Serious is appealing against a decision by the Australian Trade Marks Office in August this year rejecting his opposition to an application by Yahoo to register Yahoo as a trademark.
The first directions hearing in the case was held today and the matter will return to court next March.
The actor, known for the films Young Einstein, Reckless Kelly and Mr Accident, was very upset about the situation, his lawyer, Andy Chrysiliou said.
"He can't understand how a name that he has used, has been identified with him, been exposed worldwide, how someone can come along and simply take that," he said. "We're wanting to preserve his right to use the name Yahoo."
Chrysiliou said his client, who changed his name by deed poll in 1980, was widely known and had been extensively publicised as Yahoo.
"He had widespread exposure before Yahoo was ever thought of," he said.
Yahoo sought to register Yahoo as a trademark in a number of areas including the entertainment field.
Chrysiliou said there was a concern the public could be misled if they thought Yahoo Serious was involved with Yahoo.
"It seems to us they're trying to encroach upon our particular field," he said.
Patent and trademark lawyer Annette Freeman said in a statement the case may prompt celebrities to consider registering their names as trademarks for protection.
"Celebrities often exploit their names for profit, sometimes on products beyond their films or recordings," she said.
"Elle Macpherson and Paul Newman, for example, have used their famous names to sell products."
Freeman said registration of a celebrity name as a trademark had already been done by names such as Australian cricketing legend Sir Donald Bradman, actress Farrah Fawcett and Australian entrepreneur Dick Smith.
This story was found at:
http://it.mycareer.com.au/breaking/2001/10/04/FFXY8O9GDSC.html
