On Mon, 31 Jul 2000, Brad Thompson wrote:
> Trademarks can be legally used without permission under certain
> circumstances. You must admit that your amendment overrides these
> circumstances. Let the law do its job.
Brad, could you provide an example of where you want to be able to use a
trademark that the clause is preventing? The main exception for using
trademarks is the advertising one; obviously that doesn't bother you. As
Ryan has already pointed out, the use of trademarks within a product is
NOT something permitted by trademark law. I'm just not certain where
people are having so much difficulty with this proposal. Where is it
exactly that people intend on using trademarks other than for advertising
purposes?
As to Kal's example concerning Snakemen, you can't trademark an generic
concept. Your example of DC's Swamp Thing is mistaken in that you appear
to assume that it is the two words "Swamp Thing" that are trademarked.
It is actually the entire character concept that bears the trademark, not
simply the two words. Two non-competing industries can have companies
with the exact same name (and hence trademark) for example. Each
trademark is specific to the individual company and the industry it is in.
alec
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