Bill,
At 06:19 PM 7/19/99 -0700, you wrote:
>>>Gene Marsh wrote:
>>>
>>>> Abandonement, in legal terms, has specific meaning. Intellectual
property
>>>> typically must be unused (and unmarketed) for a period of 2 years or more
>>>> to even be considered abandoned.
>
>And so what law library did that come out of? Abandonment is a very
>fact-specific issue, revolving around intent more than anything else,
>so there are no such hard and fast rules.
No, more by precedent. I understand that there are no hard and fast rules.
It is also subjective. Abandonment of personal property can, in some
cases, be claimed after 30 days.
Abandonment of real estate is far more complicated.
Abandonment of license, or in this case, trademark or service mark, IS more
intent based. However, abandonment is more often an issue of omission
rather than commission (and there are plenty of exceptions).
I do not pretend to be an attorney. I have been involved in several cases
regarding abandonment where a little research and understanding of
precendent came in handy. I don't see abandonment playing here.
I would be happy to hear your comments on these observations, Bill.
Gene...
>
>It may also be noted as another part of basic trademark law that in the U. S.
>trademarks and service marks are earned by use in commerce, not by filing
>registration applications.
>
>Bill Lovell
>
>
>
++++++++++
Gene Marsh
president, anycastNET Incorporated
330-699-8106
