RE: [DML] Trademark Issues (WAS: DMC Jewelry)

["Gary Hull" <Specialty@xxxx>]

As Marc Levy said/implied, the threat/fear of legal action is often more
effective than actual litigation, and even the retainer for a lawyer could
be higher than the licensing fee. The following doesn't refute or confirm
what Marc said. It's just more info.

In general, the owner of a legally strong (distinctive and unique) trademark
or service mark can keep others from using it (or using something so similar
that its use would create the likelihood of customer confusion).

If you sold a picture of a DeLorean, how likely would it be that the buyer
would think you were DMCH?

If you sold a "DeLorean Ring" with a DMC logo, could the buyer be
confused?????

You get into darker and darker grey areas if you sell a "DMC Ring" an auto
part with the DMC Logo, or use a DMC Logo on marketing or packaging.

On one hand, the pre-existence of the (similar) DMC Logo dilutes any claim
DMCH might have about potential confusion.

On the other hand, if DMCH doesn't actively and uniformly attempt to defend
the logo, they can lose all rights to it. If they hadn't registered it,
someone else could have, and even though DMCH couldn't have been forced to
stop using it, the new registrant could easily have diluted the logo.

Definitions:
A trademark is any word, phrase, design, slogan or symbol (including
nonfunctional unique packaging) that serves to identify a specific product
brand. Examples: Xerox photocopiers, Kodak film and cameras, Exxon gasoline
and automotive products, Nike sport shoes, Apple Computer's rainbow apple
with a bite missing; the red Coca Cola logo.

A service mark is any word, phrase, design or symbol that identifies a
specific brand of service. Examples: McDonald's fast food service, Kinko's
photocopying service, ACLU legal service, Blockbusters video rental service,
the UPS logo (postage delivery service) the U.S. Postal Service's eagle in
profile (postage delivery service); CBS's stylized eye in a circle
(television network service), the Olympic Games' multicolored interlocking
circles (international sporting event).


Gary Hull

IN2TIME