pdblake opened this issue on Apr 21, 2005 ยท 57 posts
underdog posted Thu, 21 April 2005 at 2:29 PM
I am another "old timer" I guess.. I have been on this site since it was called "PoserForum.com" (LOL). Although that history is a bit murky. Wasn't Renderosity called "PoserForum.com" as Willow was pushed out? And didn't they start "PoserForum.net"?
Nevertheless... I am following this subject with some interest. It turns out that I am just now trying to break back into the Poser(TM) marketplace. I am about to launch a series of product. Poser(TM) is trademarked by Curious Labs(TM) but that doesn't prevent me from using it in my own advertising. I am not a lawyer (and I don't play one on the internets) but I am pretty sure that if I set up a "chevystore.com", you can bet that I would hear from their lawyers.
One thing to consider is that Curious Labs has an obligation to protect their trademark or they risk losing it to the public domain (I believe that cellophane tape is an example of this.. kleenex and xerox are still hanging on to their respective trademarks but people have started calling those things facial tissues and photocopiers these days..).
Curious Labs should NOT be using a "blunt instrument" (and an apparently clueless one at that) to enforce this policy. They are fumbling the political football here. Friendly emails should be exchanged first. And then time should pass... Opportunities to correct the problem or to ask for further clarification should be given. These things are all a part of enforcing a trademark infringement, IMHO. As long as you are trying to enforce it, I don't think the courts will take it away.
Now if Curious Labs continues this process, it will hurt them. In fact, we should try to make it hurt them. We are their reason for existing. They shouldn't be playing this way.
In fact, I think I have identified the problem. We don't really have a "generic" term for Poser. DAZ Studio works on Poser models. We need a term that means "Poser" model but that can be used generically as "facial tissue" and "photocopier" are used to mean "Puffs" and "Canon".
Just my $0.02.
===Underdog===
P.S. Here is a rather interesting trademark disclaimer from games-workshop.com. They've been through the mill with T.S.R. (creators of Dungeons and Dragons - talk about trademark tyrants!).. Check out their MASSIVE disclaimer...
http://uk.games-workshop.com/legal/disclaimers/
LOL!!!