Re: Re: Re: Re: Re: Re: of copywrites and registered TMs


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

Posted by Mark Wiseman on October 04, 2002 at 20:39:55:

In Reply to: Re: Re: Re: Re: Re: of copywrites and registered TMs posted by Rick Denney on October 04, 2002 at 17:28:35:

I'm not one of the weasels mentioned in a different branch of this thread. But if I were, I would point out that a trademark, even if registered, is not really a trademark until it has been tested in court.

There have been lot's of trademark cases where the courts have ruled against the registered trademark holder because they have decided that the term is question was not distinctive. For example, suppose I trademarked the term "Quality Musical Instruments". (I know, the PTO should not have granted the trademark in the first place -- it is a government operation though.) The trademark would almost certainly not hold up under legal challenge.

And, though I'm not an attorney, I'd bet "MidSouth Music" is also not distinctive enough to be trademarked.

Mark "Bed and Bath Store had a TubFest?" Wiseman



Follow Ups: