[wordup] Yahoo Serious sues Yahoo!

[Adam Shand]

Via: http://slashdot.org/article.pl?sid=01/10/04/1242224&mode=flat
From: http://it.mycareer.com.au/breaking/2001/10/04/FFXY8O9GDSC.html

Court asked to decide who's the real Yahoo
Thursday 04 October, 2001 12:40 GMT+10:00
By GAVIN LOWER, AAP

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.