Forum: Poser - OFFICIAL


Subject: Odyssey 2nd violates copyright?

SnowSultan opened this issue on Jul 17, 2001 ยท 11 posts


3-DArena posted Thu, 19 July 2001 at 3:44 PM

Nope you are the one who is mistaken, go ahead and double check. The link goes directly to the FAQ regarding registration of trademarks at the US Patent and TradeMark website. Digital Divas case against Micro$oft was on the basis of Trademark infringement NOT copyright. I didn't mix the two up, but many people do. Here is the direct quote from the link I attached above: " Do I need to register my trademark? No. However, federal registration has several advantages including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration. " I'm not saying don't register, I'm saying that it is not a legal requirement and that cases have been won without it. (granted Micro$oft settled out of court, but it's microsoft and they certainly wouldn't have if they felt they'd win) As such since it is not a legal requirement and since the courts will recognize my trademark (upon proof of course) to state that a trademark must be registered in the rules here is just wrong. Furthermore no US trademark is recognized outside the US (and vice versa). It is also possible to register a trademark that is effectively owned by someone else. If someone has previously used the mark for an extended period (without registration), prior to your registration. Then they own the mark, despite what you paid for it. They can contest it and if the proof is there, they win.


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