In a message dated 4/24/2004 12:57:37 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: If someone patents the name Geyer, no maker will be able to use that name in association with their own instrument without paying a royalty.For instance, Holton, Yamaha, Conn, and custom makers will not be able to refer to their horns as a Geyer style horn without paying for that privilege.
Not necessarily so. A certain amount of common usage without defending a trademark may result in the common law right to continue to do so. Witness "Kleenex" and "fridge" as a common uses for facial tissue and refrigerators. However, that is precisely why companies are so aggressive about pursuing infringements and gratuitous use of their trademarks. The trademark would have to be allowed, and it's common use would have to be aggressively stamped out. Trademarks are not always allowed. If a trademark would infringe on wide common usage or would cause confusion in the market place, then it might be disallowed. Dave Weiner Brass Arts Unlimited _______________________________________________ post: [EMAIL PROTECTED] set your options at http://music.memphis.edu/mailman/options/horn/archive%40jab.org
