From xxcaptinxx@comcast.net Sat Sep 22 10:07:32 2007
Subject:Re: "clonewheel' trademark, was: Diversi

Well, it depends on what you mean by the word "owns". Nobody owns words. A
registered trademark is only a claim of right to exclusive use of the term
in connection with particular goods or services put into commerce. That's
why McDonald can be trademarked by two different entities who sell aircraft
and hamburgers, or Berreta can be used for cars or pistols. As mentioned
before, a mark that is generic is ineligible for trademark by anyone. The
Patent Office doesn't investigate whether a proposed mark is generic before
registering the mark, and even if more than five years pass, its a complete
defense to an infringement action that the contested term is generic. In my
opinion "clonewheel" is generic.

A trademark is only as useful as one's ability to prevent other persons from
employing it in commerce. In my opinion, the "owner" likely has little or
no right to exclusive use of the word clonewheel related to sale of a device
to simulate the output of a Hammond organ. The recipient of the standard
threatening letter can ignore it or petition to have the trademark
cancelled. Given how little it costs to register a trademark, its
probably a reasonable business move to register the word, and certainly some
clone makers will decide its not worthwhile to debate the matter. But I
don't think this particular registration confers anything more valuable to
the registrant. In the absence of an enforceable federal trademark various
manufacturers, including this registrant, may have certain common law
trademark rights to use clonewheel in particular contexts.

Regards,

Dave Bishop