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To: Scot who wrote (40)	12/31/1999 1:06:00 PM
From: Scott Miller	Respond to of 81

Re: "Suck it down" >>> As I recall, first to register generally prevails, but there are circumstances under which you could try and cancel the mark. As an alternative, you could register "Who's your daddy", "Bend over", and "Here it comes", or some iteration as an alternative for Duke4VR...<g> <<< I was just kidding about our superior rights to this slogan, I'm sure you know <g>. However, I do think we have superior rights (if we wanted to pursue it) thanks to our first commercial use of the phrase. I'm sure Charles will correct me (as always!) if I'm wrong. In any case, I do not think the phrase is worth the registration fee and expenses. The phrase does not have marketing value nor is it a cool phrase to associate with a game. Scott Miller 3D Realms

To: Scot who wrote (40)	12/31/1999 6:06:00 PM
From: Mahatmabenfoo	Respond to of 81

> first to register generally prevails Actually, in the U.S. the first to use, wins. Someone who uses 2nd, but registers first is the presumptive owner, but only until the first to use challenges the second user. If that isn't legalistic and elliptical enough, there are many other factors which may affect analysis in a particular situation. As examples: - by "use" I mean "use as a trademark"; - concurrent use by unrelated companies may be possible without either having superior rights, no matter who has registered, as long as "confusion" in a trademark sense isn't "likely" (for instance, one using the mark for pancakes and the other for outboard motors); - some phrases may have a descriptive aspect, which may make it not registerable; and - competitions for ownership of domain names can involve other factors. In short, the matter requires a detailed study of the meanings and implications of the word "suck" as it is used in this context. Or put another way, Happy New Year! - Charles