[thelist] copyright or wrong?

Keith cache at dowebscentral.com
Sun Jul 14 23:18:00 CDT 2002


Registering a trademark is not the only way to get trademark protection for
a mark or symbol. In fact, most trademarks are not registered with uspto.
Most trademarks are protected under state common laws known as Model
Trademark Bill (MTB). MTB establishes trademark statue by affixing a tm to
the symbol or logo. The tm must be consistently displayed or the protection
is lost. AND whether you tm the mark or (R) register it, you must defend
your claim on every instance of infringement, or lose it.

www.stimilon.com *could* have trademarked the word stimilon by affixing a
tm to it which would prohibit use of it for any domain name. BUT, look at
their site. They do not have a tm or (R) on the word stimilon anywhere on
the site. If they do indeed have a tm on the word in their paper
publications, they blew it, lack of making their claim through display of
the tm on their site voids any claims they may have had to it. Inclusion of
the word within the body of a copyright is irrelevant.

I'd take a screenshot of all their pages and download all of their logos
and then attach them all to an email and ask them to point out where they
have made their claim. Include that if they do not know what it means to
have failed to affix that tm or (R) claim, they should consult a competent
attorney. The attorney will charge them to tell them that pigs eat cabbage
with great enthusiasm.


Keith
====================
cache at dowebscentral.com




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