momodot opened this issue on Mar 27, 2006 ยท 124 posts
12rounds posted Wed, 29 March 2006 at 5:29 AM
This whole thread is just plain ridiculous. USPTO searches reveal that "Super Hero" or "Superhero" is part of 29 live trademarks. So what? DC owns the trademark to use the phrase "Super Hero" on masquerade costumes and whatnots and Marvel has registered "Super Hero" as well applying to different products. There are also Superhero baseball caps and Superhero sun lotion. So what? It has no bearing on Poser products anywhere. There is no reason why I couldn't create a "Superhero Pose Pack" and market it in the States since it does not fall into any specified area that actually IS trademarked. The talk here is centered around United States anyway. Superhero isn't trademarked in Europe and I strongly believe without checking that it isn't registered anywhere else either barring US. About EULAS: I don't know what kind of case laws you have in States about EULAs, but I can tell you that where I live, if I buy a Daz product, I do not have to abide by the "rules" dictated by the EULA - the only laws I need to follow are those set by my country. It's already tried in the Supreme Court here and they simply don't hold water as any one-sided contract that tries to supercede the laws of the land are not worth the bytes they occupy.