On Mon, Oct 19, 2009 at 12:23 PM, Raymond Camden <rcam...@gmail.com> wrote:

> I wonder - is there any concept in trademark law for getting official
> approval? Ie, could Adobe issue a legal document saying siteX has
> permission to use Flash in the name? That allows it to 'respond' to
> all trademark violations but allow community sites to keep it since
> they have official permission.
>

Adobe does this already with official user groups, allowing UGs to use the
Adobe/CF/Flash logo and name in somewhat restricted ways.

In cases I have been involved with, the trademark owners will sometimes
license it's use to an individual or company...  This usually comes with
some restrictions and is in exchange for some amount of money.  Examples
might include licensing an NFL team's logo to a t-shirt maker.

Our neighborhood association has a trademarked image that gets put on flags
and banners that people can buy and hang on their homes.  The association
makes the flags and banners, but there are area artists who've wanted to use
the image for postcards and other art.  Usually the neighborhood and the
artist come to a financial agreement on compensation for trademark usage.
It's a relatively small amount, but staying consistent in demanding
compensation is really what's required to maintain that we are "actively
protecting" our rights over the trademark.

I still think that the real reason behind jumping on this site in particular
is that they are making money while using the Flash name.

-Cameron


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