Here's a good example of what I have been saying. It appears Jevon has had a spot of bother with the name of one of his widgetty websites, blogtrack, which has existed since December 2001* according to the Way Back Machine. Another site uses the word to describe their widget which does much the same thing as Jevon's. You tell me. Who owns the copyright in the expression "blogtrack"? Who owns the unregistered trademark? Do we want the digital existence of the media they sit on to make a difference?
Later: Consider the useful ruling in the case of Kejp v. a law firm.
*see replies

Comments
Stephen DesRoches - July 24, 2003 10:51 am
December 1991 or 2001?
Alan - July 24, 2003 11:21 am
You are right and I have corrected my original entry accordingly. It is one of the problems of my mind that I seem to have skipped a decade. When I absent-mindedly think of something as being, of about 8 years ago, I am usually thinking 1985.