Re: [DML] copyrights and trademarks...they're DIFFERENT!

["Hank Eskin" <heskin@xxxx>]

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I think everyone needs to chill out for a few moments and take a deep
breath... and learn the difference between copyrights and trademarks.
Copyrights are given for expressions of ideas in a medium (like stories,
songs, art, etc). Trademarks are protected logos (actual images) and/or
owned/non ordinary words - true trademarks like the word "Pepsi". Both are
intellectual property, but the rules concerning each are different. DMC
Houston can trademark the phrase "DELOREAN MOTOR COMPANY" and "DMC" (text,
that is), but they can't be copyrighted, since they are not actual
expressions of ideas - the *are* trade names used in commerce. The graphic
image of "DMC" can be copyrighted and trademarked. DMC Houston can also
copyright their new magazine, their website, and documentation they produce,
etc, so people can't copy the intellectual content. As my last email
stated, DMC Houston holds a trademark ONLY ON THE STYLIZED "DMC" logo, and
only for two classes. I pretty sure DMC can't claim a copyright on the
"DMC" logo or anything and everything that says "DMC", since (a) they didn't
create (i.e. express) it originally, (b) I can find no official registration
of a copyright for the logo, and (c) DMC Houston does not specify that the
image is actually copyrighted. So, please, before everyone goes flying off
the handle - get your facts straight, understand exactly what DMC Houston
has rights to protect and then move forward.

Lee stated:

>The bottom line is that it's entirely DMC Houston's game, they can enforce
or not as they choose, with >any outcome being either an out of court
settlement or court finding after a trial.
and
>This is true of all others as well who are selling
>anything that DMC Houston might decide to claim is theirs,

Again, this is only true for the two classes under which they have
registered the DMC logo. I don't know DMC Houston very well, and I've only
met James at Cleveland, so I don't know if DMC Houston is attempting to
claim rights to everything "DMC" or not, based on two trademarks. Facts,
rather than hearsay, would be nice.

I am not a lawyer, so if there are any lawyers that want to correct my
understanding, please feel free. Having been through this for my website,
this is my understanding.

-Hank Eskin #1619