Re: Re: of copywrites and registered TMs


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Posted by Rick Denney on October 04, 2002 at 15:19:44:

In Reply to: Re: of copywrites and registered TMs posted by Anthony on October 04, 2002 at 13:35:19:

Copyrights don't cover trademarks, unless the trademark includes copyrighted artwork. I can use the word "tubafest" anyway I like, as a word, without plagiarism, which is the subject of copyrights.

The owner of a trademark has presumably made a name for a brand name that represents a standard of quality. That perception has commercial value, and allowing others to use exploit it does two things: 1.) it lets the others benefit commercially from the perceptions earned by the trademark owner, and 2.) has the potential to confuse the market and degrade the value of that brand name. Your examples suggest that without profit motive on the part of the infringer, there's no moral basis (notwithstanding the legal basis) for the trademark owner to enforce the trademark. I'll let others argue that, but you are probably right: Nobody wants to be the bad guy (okay, maybe that's too absolute, heh, heh). But the second condition is really important. If Sony let a third-rate manufacturer put "Sony" on their TV's, then nobody would know if the Sony's they see in the store was a real Sony, and up to Sony's standards.

So, I defend the rights of trademark holders, but I also know that those rights are narrow and limited, not broad like copyrights.

Rick "reminded that getting a copyright registration requires a form and a $25, and getting a trademark requires thousand plus lawyer fees" Denney


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