Re: Are drawings of products trademark infringements?

2005-01-11 Thread Michael K. Edwards
Come to think of it, the copper top is a fun example; think of the use of the phrase in The Matrix. Also common slang for a redheaded person in parts of the US. There's an argument that copper and black helps get across the battery meaning of a tiny icon. Is Duracell in danger of losing control

Re: Are drawings of products trademark infringements?

2005-01-10 Thread Michael K. Edwards
Generally, one can't succeed on a Lanham Act (US Federal trademark law) claim unless one can demonstrate (in the words of 15 USC 1114 1(a)) that the use is likely to cause confusion, or to cause mistake, or to deceive. In the case of a famous mark, though, trademark dilution or injury to business

Are drawings of products trademark infringements?

2005-01-10 Thread William Ballard
Following up to http://lists.debian.org/debian-legal/2005/01/msg00312.html I fell off thread Found this link: http://www.crowleylaw.com/IPNews/IP018.htm [quote] The same lack of similarity was fatal to Stouffer?s claim for copyright infringement of the cover illustration for her booklet, Larry

Re: Are drawings of products trademark infringements?

2005-01-10 Thread William Ballard
This bit concerns what CafePress will and will not accept: Examples of Prohibited Content Because of intellectual property laws, CafePress.com has certain rules regarding the types of merchandise that you can make and sell through its service. For example: * NO UNOFFICIAL MERCHANDISE *

Re: Are drawings of products trademark infringements?

2005-01-10 Thread Raul Miller
On Mon, Jan 10, 2005 at 09:08:09PM -0500, William Ballard wrote: It clearly states that some elements of an illustration are protectable. A young boy with dark hair and eyeglasses is not protectable, but a young boy with eyeglasses, similar facial featurs, style and color of hair *clearly

Re: Are drawings of products trademark infringements?

2005-01-10 Thread Michael K. Edwards
Generally, one can't succeed on a Lanham Act (US Federal trademark law) claim unless one can demonstrate (in the words of 15 USC 1114 1(a)) that the use is likely to cause confusion, or to cause mistake, or to deceive. In the case of a famous mark, though, trademark dilution or injury to business