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To: Randy Ellingson who wrote (40618)2/17/1999 3:01:00 PM
From: Rob S.  Respond to of 164684
 
I agree, they should have no problem publishing web URLs and index information. I don't think that is what is being disputed. While a manufacturer or rights holder can't unlawfully restrain trade, they can protect the use of their copyrights. For instance, the use of popular brand names attached to a web name such as in "Excite's Liz Claiborne Fragrance Counter" (this isn't accurate details of this dispute) would infringe on the Liz Claiborne copyright, IMO. I am not an attorney either but understand the principle of "unjust enrichment" and general principles of copyright law. It could be argued that someone who ties their name to a brand name without agreement is unjustly enriched because they fail to compensate the party who have invested to build their brand name. People would be drawn to the brand name but then might purchase any number of other products. IMO, it won't be much of a problem for copyright holders to gain restrictions on use of their work.