Comment Re:Will this pass muster? (Score 1) 183
Trademark is very different than copyright. It can apply to a particular branch of products or services. For example, "Apple" is trademarked by multiple different companies that inhabit different economic fields. Nintendo could feasibly argue that they wanted to prevent people from using the phrase in video game related sales and promotions. That having been said, I think it's clear that the true intent is to strengthen control over the use of the words themselves. Trademark strength and applicability has been elevated nearly to that of copyright, and I worry that their goal might be to prevent anyone in any commercial (or even worse, *noncommercial*) field from using the phrase. Interpreted loosely enough, trademark law would allow this. And that would be terrible.