From goffmac747@aol.com Sat Sep 22 23:26:54 2007
Subject:Re: "clonewheel' trademark, was: Diversi


no wonder why the logo for the TV series Boston Legal is a bunch of dorsal fins in red water...





-----Original Message-----
From: stateofmin@aol.com
To: CloneWheel@yahoogroups.com
Sent: Sun, 23 Sep 2007 1:45 pm
Subject: Re: "clonewheel' trademark, was: [CWSG] Diversi






Trademark lawyers regularly put additional words in front of descriptive

words to try to make a descriptive mark less descriptive and more trademarkable.

It is common practice.



If you throw enough time or money at a bad trademark, it may still work.

That doesn't make it a good mark. The best marks are fanciful and the best

trademark lawyers try to use fanciful marks on major goods in commerce.



The test of a good trademark is how it holds up in litigation. Any huge

company who puts a multi-million dollar ad campaign into a bad mark is either

foolish or ill advised. Or it hasn't given the quality of the mark any serious

consideration.



I represented at least one small company that stopped a major company from

using a name after it had spent millions on advertising. Their money and size

worked against them.



As a collateral aside, copyright has absolutely nothing to do with

tradenames or trademarks.

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