Because this topic has been discussed on both horn lists, I am repeating my post here. If you belong to the Yahoo horn group list, delete this now, and don't say I didn't warn you:
A few people have asked for a lawyer's comments on this thread. I am a lawyer, but not an intellectual property lawyer. Still, I took an intellectual property course in law school and volutneer my services to some libraries and research copyright law for that. I know enough to be dangerous, but I'll try. DO NOT RELY ON THE INFORMATION HERE AS LEGAL ADVICE!! DO NOT TAKE ANY ACTION BASED ON WHAT I WRITE HERE!! THIS IS INTENDED ONLY GENERAL INFORMATION. SEE A LAWYER IF YOU THINK YOUR RIGHTS MAY BE INVOLVED. (There, are you convinced that I am a lawyer?) For my quick description of the issues related to the Carl Geyer Chicago application, see the *******'s below. First, the differences in patent, trademark and copyright, simplified. A patent protects either the design of an object or a process used to create something. It has nothing to do with the name of the object/process. Let's say I invent a new metal alloy that makes for great-sounding horns. If I patent it, then nobody else can make that metal without my permission during the term of my patent (generally 14 years). (You can also patent new plant species--I don't know about other types of organisms.) A trademark is a word or words, pattern, symbol or design that is used to indicate the source of particular goods. The word "Holton," for instance, when used with musical instruments, indicates that the instruments were manufactured by LeBlanc. Nobody else can use the word "Holton," or a similar name (more on that later), to describe their musical instruments. (Related to trademarks are service marks, which represent services.) Copyright law protects artistic and literary works. When a person creates a new work (written work, musical work, pattern/design, play, movie, etc.), that work is automatically protected (you have to register a patent--trademarks are somewhat protected even if not registered). Copyright gives some exclusive rights to the copyright owner (initially the creator of the work), including the right to copy the work, to display it publicly, to create derivative works (like a movie from a novel, or variations on a musical work), or to perform it publicly. Copyright protection usually lasts for the life of the creator plus 70 years (just extended a few years ago because the copyright on Mickey Mouse was about to expire). ********* Now for this situation: If the name "Carl Geyer Chicago" is trademarked, then anybody who uses those words or a "colorable imitation" that is "likely to cause confusion, or to cause mistake, or to deceive" consumers as to the source of musical instruments might be subject to a lawsuit from the trademark owner. It is possible that the mere use of "Geyer" would be enough. So, if Holton calls one model a "Geyer" wrap, I could see where the trademark owner might claim an infringement of the trademark. The applicant is not entitled to the trademark if it "falsely suggest[s] a connection with persons, living or dead." I don't know whether the applicant has any connection with Carl Geyer, or whether the name does in fact falsely suggest a connection with him. The whole point of the process shown in the link in the original post is to give anybody who claims some right to use the mark applied for, or some similar mark, the right to oppose the registration of the mark. So, any horn manufacturer who makes Geyer wraps could file an opposition to this registration. So maybe we ought to let some U.S. horn manufacturers (Conn, Holton, others?) know about this, in case they want to challenge it. Matt Pollack Topsham, Maine assistant 1st Horn, Casco Bay Concert Band (i.e., to borrow the mark of Alan Cole of Virginia, "Rank Amateur") _______________________________________________ post: [EMAIL PROTECTED] set your options at http://music.memphis.edu/mailman/options/horn/archive%40jab.org
