Boy Al,
That really makes me sick! First, it's the bend in their design and now "two words"? That company is getting ridiculous. They made DK pay and Peak change their design. What is this world coming to? How would everyone feel if a big name company copyrighted the word "flyrod"? I can see it now, you go into the shop and ask the employee you'd like to try casting the big name company's flyrod and that other "stick"! I hope their sales go down because of this crud! Sorry for venting too much.
Unfortunatly Al, the USPTO has granted trademark registration for things like that in the past and could very well give it to them. If someone wants to trademark something they file an application, pay the $350.00 and take their chances of getting a registration (no refunds.)
One case in point is a man that filed an application for the word "stealth." HE was granted it! Since then he has been threatening companies that use that word in their name or products name with a lawsuit if they don't pay him royalties. He's still doing it today. I personally know of two companies that he has threatened and many more by researching him.
I can't offer any legal advise. The legalities involved with your published use of the phrase need to be addressed by an attorney.
And Deanna, Sleeze is too kind of a word to describe people like this.
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Joe
Hey Al,
Again, I'm no lawyer...but here's my take...According to the US Copyright Office webpage:
"If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner."
The way I interpret this is that if your book has been sent to the publisher before he is able to register the copyright, then the only thing he could do is sue you for *ACTUAL* damages....and I don't know how in the world he could show any monetary damages from you using that term in your book.
By the way, a yahoo search on the phrase "true rotary" returns 1,220 items....I'm not sure how he could claim that the term is his personal property...
But, again...I'd consult a lawyer for the best advice.
Monte
Here's an answer that a lawyer will probably give.
Lawyer says, 'My opinion, is that they can't. However, a court will have to decide.'
BTW, why is there a fear of mentioning the company? From the description it sounds like Renzetti. If it's not, then I apologize.
Allan
I am not going to attempt to offer legal advice, however, as someone who works in the field of Intellectual Property (IP), I think that more information is needed before everyone gets too upset.
First, be sure which form of IP is being pursued because this will affect the standards that their application will be held to, the protection provided, and dictate the strategies for attacking the application.
Second, consult an IP attorney.
Third, a few response to comments made so far:
"I know it's probably possible to trademark anything, even really commonly used phrases, ".
Genericness is a common reason for rejection of trademark applications because the purpose of a trademark is to identify one's product and distinguish it from the products of others. Also, FYI, here are some classic examples of registered Trademarks that were lost because they were improperly used and became "generic": Aspirin, Kerosen, and Escalator.
FYI, "merely descriptive" is another common grounds for rejection in a trademark application.
"That company is getting ridiculous. They made DK pay and Peak change their design. What is this world coming to?"
The purpose of a patent is to protect the party's investment in research and development, by preventing competators from copying their invention, thereby encouraging innovation. If you spend $1M in R&D, and I spend a fraction of that to copy your invention, then I can undercut your price and make a profit, while you struggle to break even. How is this fair, or beneficial to anyone but the infringer? Who is the bad guy in this scenario? IP protection is only beneficial if it is enforced. In fact, IP protection can be weakend, or even lost if reasonable efforts are not made to enforce it.
For more information regarding IP protection, see: Title 35 of the United States Code ( 35 USC) and the Title 37 of the Code of Federal Regulations ( 37 CFR) for Patents; Title 15 of the United States Code ( 15 USC) for Trademarks; and Title 17of the United States Code ( 17 USC) for Copyrights.
Respectfully,
Dave Fulton
Yes Renzetti in it latest adds in catalogs is saying "True-Rotary Vises" and also Abel. Dyna-King is using "Full-Rotary"
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Bill
Al, good luck with this endeavor. Hope it all resolves in your favor.
I'm not an attorney, I won't offer my opinion.
But, I will add the offending company to the ever growing list of companies I won't support with my money. And, I'll be happy to include this little tale you tell in the information chain when others ask me for advice about which vises to buy.
Perhaps a general show of non-support for such behavior is in order.
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aka Cap'n Yid.
Stev Lenon, 91B20'68-'69
When the dawn came up like thunder
I see what you're getting at...but let me give you an example...Yes, I know this is from a lay person and therefore, not anything with a legal basis for a conclusion. However, it sounds ridiculous that a company can copywrite a phrase that's been in use world-wide for about 2 decades. I would think that those two words make up a definition. 'True' = actual, real, accurate, honest. 'Rotary' = turn, spin. Is this company going to attempt, through a copywrite, to stop people from using the English language?
Star: A self-luminous celestial body consisting of a mass of gas held together by its own gravity...
Wars: multiple states of open, armed, often prolonged conflict carried on between nations, states, or parties.
Now....put those two words together in print, and see the rain of legal wrath that is brought down upon you.
I've just copywrited "saltwater fly fishing." if you want to use that phrase contact my attorney and we will work out a payment.
I wouldn't be surprised if a vise company could trademark something like "TruRotary", but "true rotary" would be ridiculous and "true-rotary" also ridiculous because the hyphen is actually a ligitimate gramatical tool where there is a compound modifier. Examples: first-quarter touchdown, full-time job, etc. In this case the modifiers occur before the nouns (touchtown, job). Even if they come after the noun the hyphen can be retained if the modifier comes after the verb "to be" as in "the vise is true-rotary", "the job is full-time".
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Peter F [url=http://www.fishingwithflies.com:85f2e]www.fishingwithflies.com[/url:85f2e]
pfrailey@hotmail.com
[This message has been edited by Peter F (edited 09 March 2005).]
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