[DMCForum] Re: Trademark
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[DMCForum] Re: Trademark
- From: James Espey <james@xxxxxxxxxx>
- Date: Thu, 17 Mar 2005 13:40:36 -0600
I have answered many times why we feel we have ownership of the DMC logo
trademark. We continue to disagree, as friends, so I am not sure why you
continue to ask the question. If you don't agree with the answer, simply
asking it repeatedly is not likely to change the answer you receive. :-)
Nevertheless, I will point out something incorrect in your second
paragraph below. The Lanham Act clearly states that when a trademark's
use has been discontinued, and that discontinuation may be inferred from
three consecutive years of non-use, it becomes abandoned. An abandoned
mark is not irrevocably in the public domain, but may instead be
re-registered by any party which has re-established exclusive and active
use.
James
I am the real SonnyV
(trademark application pending)
--- In DMCForum@xxxxxxxxxxxxxxx, Marc Levy <malevy_nj@xxxx> wrote:
>
> I have asked many times, James, Why DMCH feels they
> have any ownership of the trademarks in question.
>
> By simply filing the proper paperwork to claim
> ownership of a trademark that pre-dates not only the
> claim, but also the entity claiming ownership, anyone
> with the slightest knowledge of IP law will advise you
> that the claim is invalid.
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