Re: Re: Re: of copywrites and registered TMs


[ Follow Ups ] [ Post Followup ] [ TubeNet BBS ] [ FAQ ]

Posted by Rick Denney on October 04, 2002 at 15:09:08:

In Reply to: Re: Re: of copywrites and registered TMs posted by dp on October 04, 2002 at 11:48:43:

The point you may have missed is that permission may not be required. And the other point is that you can't combine trademarks and copyrights with a slash. The laws for each ae utterly different, and in many ways opposite of each other.

For example (since I know you are talking in generalities), the registration of TubaFest as a trademark does not mean that Tony's permission must be sought by someone intending to use that term in regions where the trademark has not been established, as I understand the law.

Trademark infringements are addressed by the parties in question working it out with each other (in cases where a phone call doesn't solve it, a cease-and-desist letter followed by negotiation), whereas copyright infringements are much more cut-and-dried. Copyrights are automatic, and if recorded with the government, place the burden on the infringer, but still provide protection even if they are not recorded. Trademarks are not automatic at all, and must be established and maintained in reality in the region in question, before they can be enforced. Copyright protection is broad, with rights accruing to the originator unless they are specifically assigned in writing. Trademark protection is narrow, requiring a range of standards that the holder must meet before being able to enforce it.

Rick "not liking the innuendo" Denney


Follow Ups: