posted on Feb, 9 2012 @ 04:18 PM
reply to post by ProRipp
This really has nothing to do with copyright. It's a trademark issue. That's completely different than copyright. There are a lot of hoops to jump
through to get a trademark, including that you have to use the trademark in interstate commerce, not just within a particular state. Once you get your
trademark properly registered you MUST aggressively defend it or you will lose it. A good informal example is Kleenex (r). It's registered alright,
but everyone calls any tissue brand "Kleenex" so the trademark value is essentially lost.
Around here we have the Olympic Mountains. An ISP set up shop with "Olympic" in the title and even had a picture of the Olympic Range in his
advertising. The IOC shut him down so he had to change the name of the business. I'm surprised the IOC doesn't sue the Olympic Mountains.
A few years ago Sony sued "Sony's Restaurant," owned by a woman named "Sony." She spent about $20K in legal fees and lost. If you have an (r) next to
your trademark, that puts you on the "Registered List," as opposed to just a (tm), which means you are on a preliminary list. The case law is well
established and you will lose if someone brings it to court.
"Pepsi" and "Coke" are also examples. If you have a restaurant and someone asks for a "Pepsi," and you just serve them "Coke," you're in trouble. Each
brand hires "spotters" whose job is to ask for the opposite and see what happens. You're supposed to say, "I'm sorry, but we don't have Coke. Is Pepsi
OK?" It's the same with Sprite and 7-Up.
All this stuff is bound up with International Treaties and is taken very seriously.
edit on 2/9/2012 by schuyler because: (no reason