Marc Weustink wrote:
Say a fellow, let's call him Hans, has a clever moment one day and
adds a motor to a push-bike... brilliant...
Aren't we mixing patents and trademarks here ?
It's only theoritical. I'm just talking about trademarks.
What Hans has been doing is making something and giving it away to the
public using somebody elses trademark.
it is clear to me that your not allowed to use and existing brandname
in the same class) to label your products.
right.
The Trademark owner spends 70 euros and gets an order from the local
court to shut Hans down.
But it gets worse. They do some dodgy numbers and try to run it by
the judge.
This still has te be proven, and here in the Netherlands, I won't feat
that. However I realize now that the trial can be held at anyplace in
the world where the name is trademarked.
Of course, people in the Netherlands are "good" people right.. :-)
yes, but who will be the legal entity owning the trademark ?
The foundation would own the trademark.
It isn't that simple.
Can't see why not... a foundation is a legal entity and therefore a
logical candidate to be the owner of any trademarks.
If you look at the firebird foundation, I'm pretty sure you will find
that they will own the tFirebird trademark that they proudly display
(but sorry I haven't checked it).
Regards
David
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