Re: Re: Re: Copyright Vs Trademarks

From: David Post <Postd[_at_]erols.com>
Date: Mon, 01 May 2006 12:55:45 -0400


At 17.25 28/04/2006 Friday -0400, Vance R. Koven wrote:
>My followup question to this thread is whether ownership of the
>trademark is worth anything if the trademark owner can't make any use
>of the thing trademarked without permission of the copyright owner. If
>the copyright owner won't license the trademark owner, and vice versa,
>is there a complete standoff?

But this dilemma can't, logically, occur -- you don't get any trademark rights at all without using the trademark in commerce; so if you haven't distributed something (because, for instance, you don't have the rights necessary to do so), you can't have a trademark in the name you would like to use in the event that you were able to distribute it.
David



David Post -- Professor, Temple Law School [on leave of absence, spring 2006] Postd[_at_]erols.com
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Received on Mon May 01 2006 - 20:55:45 GMT

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