On Fri, 4 Mar 2011 21:07:03 -0000, Vivian wrote in message <16373ABF59E34F43A8017B95E50766E4@MAIN>:
> Arnt > > > On Fri, 4 Mar 2011 15:48:52 -0000, Vivian wrote in message > > <2E88AF8A470944229CC999467FDABD4D@MAIN>: > > > > > Jon, > > > > > > MSF probably, X-Plane, possibly, I don't know. > > > > > > As I research this matter further, I think we have gotten > > > ourselves unnecessarily wound up about trademarks. At least in UK > > > law. > > > > > > When a trademark is registered here in the UK, the company > > > declares in which business it trades within classes. > > > > ..in some jurisdictions, trade marks need merely be established, to > > become enforceable. In others, established trade marks needs to be > > registered before they become enforceable. Can of worms indeed. > > Not at all - that is commonplace. So what? > > > > For example, Red Bull > > > declares all sorts of things, but NOT computer games: > > > > > > http://www.ipo.gov.uk/ohim?ohimnum=E698506 > > > > ..no? ;o) The language below can all be construed as relevant to > > a "RB v FG" trademark on Red Bulls "computer game trademark", > > square bracket comment [samples] are mine: > > Class 09:Scientific, nautical, surveying, photographic, > > cinematographic, optical, weighing, measuring, signalling, checking > > (supervision), life-saving and teaching apparatus and instruments; > > electric apparatus and instruments (included in class 9); apparatus > > for recording, transmission or reproduction of sound or > > images; ... ; magnetic data carriers, in particular video tapes, > > recording discs; automatic vending machines and mechanisms for > > coin-operated apparatus; ... ; coin-operated fruit machines and > > entertainment machines; amusement apparatus adapted for use with > > television receivers only; ... , calculating machines, data > > processing equipment and computers; machine readable data carriers > > of all types with programs installed; > > We would come under Class 09 - Computer Software - which is not > listed as a trading activity by Red Bull. > > > Class 28:Games and playthings; ... ; electric or electronic games, > > [..is FG a game? Can FG be run on non-electric things?] > > including video games; ... ; practical jokes (novelties). > > [..pranks? Or physical items to execute a prank? Or, are > > they trying to trademark satirical etc jokes? Etc.] > > We are not a Game or Plaything, certainly NOT an "electronic game" ..depends on your jurisdiction. ;o) ..in bad jurisdictions, on the plaintiffs choice of venue. In reasonable jurisdictions, you're able to have your lawyer succeed in having the case either thrown out or moved closer to your home jurisdiction. > > Class 35:Advertising, in particular promotion of the aforesaid goods > > and of competitive events, including competitive events of a > > sporting nature; arranging of advertising; distribution of goods > > for advertising purposes; ... > > [..product "placement"?] > > What has this got to do with us? ..some movie makers and game makers get paid for logos on game rendered billboards, FG livery logos are an fairly obviously possible next step. > > Class 41:Education; providing of training; entertainment, in > > particular musical performances and radio and television > > entertainment; sporting and cultural activities, in particular the > > staging of sports competitions; organisation of exhibitions and > > trade fairs for cultural and educational purposes; rental of video > > tapes and cassettes, video tape film production. > > We don't do education do we? ..training is part of many kinds of education, and I believe a few here has taken part in online FG airshows. > > Class 42:... ; scientific and industrial research; exploitation of > > industrial property rights; technical consultancy and providing of > > expertise; computer programming; ... > > Class 42: Services - which you omitted to say - we don't offer any > services. ..no, my understanding is FG.org does not offer a service other than supporting, developing, offering etc FG itself, in this trademark context. > > ..yes, it's overbroad, RB tries to trademark jokes on themselves, > > and yes, IBM is still waiting to clear its name slam dunk style, > > and case law will tell you guys, satire is our safest defense, > > despite all it's flaws, Red Bull is neither Microsoft nor tSCOG. > > Do we need any such defense? ..do we need safety belts? Not IME. ;oD Do I dare drive without them? ;o) Am I stupid enough to push my stupid luck? ;oD > There is no sensible overlap between our > business activities and those registered by Red Bull. But I chose > that only as an example. ..no sensible overlap, nor any sense at all is needed in frivolous lawsuits. The only problem with frivolous lawsuits, is you need to put some money into defending yourself against them, and, you need to do so until the judge "get's it", or you will lose. ..once the judge "get's it", you'll get your money back. Satire and humor helps speed up that process, also because media likes to do funny news stories in prime time news shows. ..and I believe we fairly soon, should be done smoking the sausages made from that dead beaten horse meat. ;o) -- ..med vennlig hilsen = with Kind Regards from Arnt Karlsen ...with a number of polar bear hunters in his ancestry... Scenarios always come in sets of three: best case, worst case, and just in case. ------------------------------------------------------------------------------ What You Don't Know About Data Connectivity CAN Hurt You This paper provides an overview of data connectivity, details its effect on application quality, and explores various alternative solutions. http://p.sf.net/sfu/progress-d2d _______________________________________________ Flightgear-devel mailing list Flightgear-devel@lists.sourceforge.net https://lists.sourceforge.net/lists/listinfo/flightgear-devel
