Re: Trademarks, as Re: [Epic] New Game Grumbles

From: <duckrvr_at_...>
Date: Mon, 17 Mar 1997 10:33:37 -0600

At 01:16 AM 3/16/97 +0100, you wrote:
>Does anyone know what the
>difference between a registered/non-registered trademark is? And exactly
>what rights you have to your trademarks? GW could hardly sue someone for
>selling a Dark Angel or Fire Dragon for a fantasy game, could they?

Okay, I'm not sure about trademarks, but they are similar to copyrights, and
I do know a little about them. So . . .

Anything that can be certified with a date of creation is a valid copyright
(in the U.S.). This means if I write a short story, photocopy it, and mail
it to myself certified mail, then the sealed envelope is proof of copyright.
There are numerous other means of proof, and most are fairly liberal.
However, this copyright will only allow you to get a cease and desist order
to stop someone who is wrongfully using your material. In order to sue for
damages, you have to get it registered with a government agency. If you
have that, you can sue for both monetary and punitive damages.

If you have an opportunity to enforce your copyright and do not do so, then
you forfeit said copyright (after a certain period - longer if it's
registered). That's why so many companies (like Disney) are fanatical about
protecting their copyrights. In fact, the Agency I work for had a mascot
called "Mighty Duck" that Disney attempted to sue us over until we obtained
a full-blown copyright on the character. They thought we were infringing on
the "Anaheim Mighty Ducks" stuff.

These are American rules, so they may differ in other countries. I would
assume that trademarks follow similar rules.

Temp
Received on Mon Mar 17 1997 - 16:33:37 UTC