From goffmac747@aol.com Sat Sep 22 21:18:31 2007
Subject:Re: "clonewheel' trademark, was: Diversi


the phrase "owned" was of course a euphemism or doublespeak for ownership. just as in domain names, you "own" the name but then again you don't because you keep paying for it. You just get to control it, hence you "own" it. I think the best way is for someone to try and copyright "clonewheel" and see how far you can go with it. Last I knew the statute was 14 years on a copyright..unless they've changed it. we keep talkng about this but nothing gets done..granted anything copyrighted will not make things smooth sailing against infringement hassles, but it gives you a leg up. And then this would only be good for the USA. The rest of the world is a different matter. Your ability to keep your name your name, is determined by the size of your wallet and the battery of lawyers you can afford to hire. Whomever coined the phrase should step up otherwise someone else will do so and then claim synchronicity...





-----Original Message-----
From: Dave Bishop
To: CloneWheel@yahoogroups.com
Sent: Sun, 23 Sep 2007 1:03 am
Subject: Re: "clonewheel' trademark, was: [CWSG] 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








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