[thelist] designer's rights

martin.p.burns at uk.pwcglobal.com martin.p.burns at uk.pwcglobal.com
Wed Nov 14 08:42:56 CST 2001


Memo from Martin P Burns of PricewaterhouseCoopers

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To:   thelist at lists.evolt.org
Subject:  [thelist] designer's rights

>SO now. I believe there are 2 issues.
>1: Does he really have the right to ask me not to reference his
trademarked
>name in my portfolio (which incidentally isn't finished and only
accessible
>from an SE,- damn the power of google!) Remember- no trademarked imagery
is
>used only a text reference.

Ah, I think you're confusing a trademark (which can be text) with the
visual
representation of it (which is both trademarked and subject to copyright).
That's why Warner Bros were so stringent in pursuing harrypotter domains
until they realised the PR implications of doing so.

I'm working on a project involving a number of trademarked brand names.
Every time we mention any of them, we have to denote the TM distinction,
either by adding (tm) or by some other differentiation such as
capitalisation.

He is absolutely within his rights to control the use of his trademarks.

However...

>2: He still owes me $675.00.

So there is some leverage there along the lines of paying you is going
to be cheaper than pursuing you through the courts over your TM violation.

Presented as a win-win, this could be useful.

>I also think that since we
>never discussed my use of created materials in a self promotional context,
>that any rights he may have had  end where our agreement became
unfulfilled
>(he received no work, I received no $).

True, but that which was his property beforehand (his TM) remains so until
and unless he
assigns it.

Cheers
Martin

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