"Aspirin" was once a trade name. The company that owned it failed to protect it though flagerant infringement abounded. After some time they attempted to assert their trademark rights in court only to find they had lost them through negelect. The term was deemed to have become "common usage" with the company's tacit approval! Folks with trademarks *need* to protect them if they want to keep them.
Regards, Bob... ----------------------------------------------------------------- Note: No trees were killed in the sending of this message, but a large number of electrons were terribly inconvenienced. From: "frank theriault" <[EMAIL PROTECTED]> > On Dec 28, 2007 1:05 PM, Mark Roberts <[EMAIL PROTECTED]> wrote: >> Adam Maas wrote: >> >> >I suspect the issue here is not libel, but rather the unauthorized use >> >of Chuck's name to make a profit (Which is potentially legally >> >actionable, it's the profit issue, not the distribution that makes the >> >case.). This is the same reason why model releases are needed for >> >Commercial Photography. >> >> That was my assumption also: That they're going for a trademark >> violation, essentially. > > Okay, you guys are right, that's what he's suing for (as it appears in > this report, anyway). > > I still say he has no chance of doing anything other than settling for > an undisclosed sum (meaning both sides walk away paying their own > legal fees, while saving face). > > If Chuck had any sort of a career, he'd have better things to do with his > time. -- PDML Pentax-Discuss Mail List [email protected] http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.

