Sean
Sean Mead wrote:
We are talking about two different issues that run by two different sets of rules.
When the copyright on the work expires will not affect when, if ever, the trademark expires on the federal register. If it is used in commerce on an ongoing basis, and if the declaration of use statements (or the declaration of incontestability statements, or both) are filed in a timely manner, then a trademark might not ever be lost. If they don't file the right forms, the mark may be lost after six years or after five years from the last declaration of use filing (or after ten years from the original registration on another ground). The mark may also be lost if it is no longer used in commerce and if someone files an action to contest the mark on that basis. (There are a number of other ways the mark can be lost, but none of them are related to copyright).
Sean
Lizard wrote:
Doug Meerschaert wrote:
I.e., the copyright on Tolkien's works finally expire, and his descendents give up the fight for textual trademarks. Could someone then use the unique names in an OGL'd work, or would they have to continue to work around them / make contact with a defunct estate.
Since, unless the SC overturns the Sonny Bono Act of 1998, copyrights will not expire prior to the sun becoming a small dark lump of coal the size of your forehead, I view it as moot. :)
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