momodot opened this issue on Mar 27, 2006 ยท 124 posts
elizabyte posted Tue, 28 March 2006 at 9:47 AM
Attached Link: http://www.straightdope.com/columns/000915.html
You can't copyright a word or a title (that's not what copyright is for). Technically, you shouldn't be able to trademark a common word, but Microsoft managed to do it, and so have a few others. The thing with tradmarks is that they're very limited in scope. It only applies when the word/phrase/name/logo is used by a competitor or in some way that might confuse the public or dilute the value of the trademark for the lawful trademark holder. In other words, I can open the Windows Cafe or the Super Hero Laundromat, and there's nothing Microsoft or Marvel/DC Comics can do about it because it's nothing to do with their business. They also can't stop me from saying "super hero" or "superhero" as much as I damn well please. A trademark is to protect a MARK that it used in TRADE, and NOTHING ELSE. And as a matter of fact Harley-Davidson tried to trademark the sound of their motorcycles engine (see link). bonni"When a man gives his opinion, he's a man. When a woman gives her opinion, she's a bitch." - Bette Davis