Depends on the applicable state/country laws, but in Australia, it's pretty clear such a use would not be "in the course or trade" so would not be a trade mark infringement (refer the Rolling Stones v Apple House case regarding use of the "Rolling Stones" TM to describe an unauthorised sound recording) so unless it amounts to an endorsement or is some form of product defamation, hard to see how it could infringe anyone's rights (here, anyway).
CS
"Galvanising Ideas"
Colin Seeger, Consultant, Management of Intellectual Property. P.O Box 3227, Tamarama, Sydney, Australia 2026 Tel: (61) (02) 9365 1186, Fax (61) (02) 9365 1286 Received on Thu Mar 18 1999 - 11:18:45 GMT
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