Posted by MQracing [ 151.197.124.167 ] on September 14, 2005 at 07:27:01:
In Reply to: Re: Trademarks and intellectual property rights posted by Wayne Parham on September 14, 2005 at 06:54:12:
Hi Wayne:
just a quick note... and then I have to finish moving our storage facitlities from point A to point B. Don't ever move...
I don't want to discuss the fine points of law... and I assume your not an attorney with expertise in patents and trademarks and I certainly am not. But I have had an attorney represent us in all matters relating to the assignment and the subsequent reissue of the said trademark and will be contacting him soon for his guidance.
again, this is on a common sense level, very clear... we have used the name in interstate commerce with reference to audio transformers for a number of years and the Peerless mark itself had been in force as early as 1956. And the founders of the company began use of the name Peerless as a mark of a specific brand of transformers as early as 1934.
again, what I find unsettling is the prospect that any number of small specialty audio related business's would appear to not be afforded any protection of their namesake on the audioroundtable unless they can prove to you that they have a federal registration. And as I have shown many of these small firms lack such federal registration.
I thought that given our long usage of the subject trademark and a clear understanding of what it stands for... would have been enough "proof" for you...
I can only imagine how other small companies would make out under the same tests.
Mike
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