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JilesDM · 07-04-2003, 09:42 AM

Actually no. A trademark is only protected within the trade for which it is registered. This is what makes it possbile for a band to be named "The Logos" while there exist companies of the same name.

Also, generic words or terms cannot be trademarked. This is why you see Windows® instead of Windows™. Microsoft was denied a trademark on the word Windows due to the fact that it is a single, generic word (though the ® serves as a notice that they will probably vigorously defend their exclusive use of the word in the relevant industry anyway (probably by charging you with fraud or something similar)). Not all company names are trademarked, and in some cases of those whose names are followed by a ™, the trademark only applies to the graphical presentation of the name and not the words themselves.

The Logos contains only generic words presented in a form that is consistent with the standard usage for those words. Apple Computer would stand a better chance at getting a trademark because the juxtaposition of "Apple" and "Computer" is not found in common usage except in reference to that particular company.

Even if a company named The Logos was somehow granted a trademark on that name, it would probably be invalidated if ever competently contested in court. Even if it was upheld, it would need to be given in the industry covering forum posts to affect MM here. So far I cannot find a company named The Logos that marks their name as a trademark that is in the computing/electronics industry.

Also, since the degree of protection granted varies based on how well-known your trade mark is and how likely it is that your use of the mark is diluting the brand recognition value of the mark (in this case, not bloody likely), I'd feel confident in stating that MM is not violating any laws by using The Logos as his screen name here.

With regard to the main topic, the only thing that TE's lack of action against SoI even when notified affects is the potential damages awarded to them should they ever choose to litigate. It does not make it more or less legal. It is absolutely illegal. Period.

Do I have a problem with it? No, and neither does TE, apparently, but that's irrelevant with respect to the legality of SoI's actions. All it means is that while what SoI is doing is illegal, they probably will not be sued.

07-04-2003, 09:42 AM	#239
JilesDM Member Join Date: Nov 2002 Posts: 66	Actually no. A trademark is only protected within the trade for which it is registered. This is what makes it possbile for a band to be named "The Logos" while there exist companies of the same name. Also, generic words or terms cannot be trademarked. This is why you see Windows® instead of Windows™. Microsoft was denied a trademark on the word Windows due to the fact that it is a single, generic word (though the ® serves as a notice that they will probably vigorously defend their exclusive use of the word in the relevant industry anyway (probably by charging you with fraud or something similar)). Not all company names are trademarked, and in some cases of those whose names are followed by a ™, the trademark only applies to the graphical presentation of the name and not the words themselves. The Logos contains only generic words presented in a form that is consistent with the standard usage for those words. Apple Computer would stand a better chance at getting a trademark because the juxtaposition of "Apple" and "Computer" is not found in common usage except in reference to that particular company. Even if a company named The Logos was somehow granted a trademark on that name, it would probably be invalidated if ever competently contested in court. Even if it was upheld, it would need to be given in the industry covering forum posts to affect MM here. So far I cannot find a company named The Logos that marks their name as a trademark that is in the computing/electronics industry. Also, since the degree of protection granted varies based on how well-known your trade mark is and how likely it is that your use of the mark is diluting the brand recognition value of the mark (in this case, not bloody likely), I'd feel confident in stating that MM is not violating any laws by using The Logos as his screen name here. With regard to the main topic, the only thing that TE's lack of action against SoI even when notified affects is the potential damages awarded to them should they ever choose to litigate. It does not make it more or less legal. It is absolutely illegal. Period. Do I have a problem with it? No, and neither does TE, apparently, but that's irrelevant with respect to the legality of SoI's actions. All it means is that while what SoI is doing is illegal, they probably will not be sued.