From goffmac747@aol.com Mon Sep 24 04:34:37 2007
Subject:Re: "clonewheel' trademark, was: Diversi
semantics, it all comes under the heading of registering a word, words, or name for protection. yes copyright is for songs... trademark, service marks, are for names, logos, what have you, patents for inventions... was too lazy to write all those words before. I have copyrighted songs and music videos with the Library of Congress and trademarked names with the USPTO...and even submitted some inventions to a patent lawyer many years ago...but thanks for the clarification...
-----Original Message-----
From: tonysounds
To: CloneWheel@yahoogroups.com
Sent: Mon, 24 Sep 2007 11:40 am
Subject: Re: "clonewheel' trademark, was: [CWSG] Diversi
A trademark is not a copyright. A trademark registration is valid for 10 years, and can be renewed in ten year increments as long as that trademark is in use in interstate commerce, pending verification of mid-term filing of affidavits of continued use with the Patent & Trademark Office. (google "The Lanham Act" *15 U.S.C. Sec. 1051* if you really care about this)
And for the record, a copyright generally lasts from the time of the work's creation until the death of the author and for an additional 70 years, at which point the work enters public domain.
T
goffmac747@aol.com wrote:
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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