Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Java4Jay

So now, EVERYONE has the right to print/sell Redskin attire?


7 posted on 07/08/2015 9:08:00 AM PDT by TexasCajun (Hillary: Ethically Sleazy & Politically Stupid)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: TexasCajun

That is correct.


8 posted on 07/08/2015 9:08:29 AM PDT by C19fan
[ Post Reply | Private Reply | To 7 | View Replies ]

To: TexasCajun; C19fan
-- So now, EVERYONE has the right to print/sell Redskin attire? --

Trademark can "exist" several ways. The first, and most common, is simply by usage of the mark. This is common law trademark, and is enforceable in court. "Use of the mark" is the touchstone. People will use the indication "TM" to indicate an intention to use the mark in trade.

The second way trademark can be asserted is via state registration. "Use of the mark" is the touchstone here as well, with the state registration being notice to those in the state.

The third for is interstate trademark, which is what the USPTO registers (also as notice to would be infringers). Federally registered trademarks require use in interstate commerce, and are noticed with "R" in a circle.

Just saying, if you make or use the mark, the registrant still has a viable legal claim against you. All he's lost is a presumption that attached by way of having the mark registered.

31 posted on 07/08/2015 9:18:06 AM PDT by Cboldt
[ Post Reply | Private Reply | To 7 | View Replies ]

To: TexasCajun
So now, EVERYONE has the right to print/sell Redskin attire?

Yep, and you can even add a Virginia Battle Flag to the design!!!

49 posted on 07/08/2015 9:35:51 AM PDT by commish (The takers rule. Time to implement the triple G plan - GOD, GUNS, & GOLD)
[ Post Reply | Private Reply | To 7 | View Replies ]

To: TexasCajun
So now, EVERYONE has the right to print/sell Redskin attire?

That would be the unintended result if the ruling stands.

55 posted on 07/08/2015 9:53:03 AM PDT by zeugma (The best defense against a bad guy with a gun is a good guy with a gun)
[ Post Reply | Private Reply | To 7 | View Replies ]

To: TexasCajun
So now, EVERYONE has the right to print/sell Redskin attire?

Which everyone with the capability should do, and voluntarily remit the correct compensation to the Redskins organization. Spit in the eye of that judge.

81 posted on 07/08/2015 11:52:02 AM PDT by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
[ Post Reply | Private Reply | To 7 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson