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Re: Trademarks and intellectual property rights [message #31333 is a reply to message #31328] Wed, 14 September 2005 07:04 Go to previous messageGo to previous message
Manualblock is currently offline  Manualblock
Messages: 4973
Registered: May 2009
Illuminati (13th Degree)
This is a fascinating discussion that pretty much sums up the the state of the use of trademark on the net. I am not an attorney but in my reading I see two issues here. One is the cross-posting; ie answering a question that wasn't asked and asking a question that doesn't apply to the situation.
Two; what I get from this debate is what I got from a casual question I posed to an attorney acquantance which resulted in the response that a trademark is only worth what you are willing to pay to have it enforced.
I realise that a transformer has many proprietary issues in it's manufacture. The final consensus up to this point is that anyone can build a trans just don't name it Peerless. But the name peerless also has a meaning indigenous to a part of the circuit parameters of a transformer used in many amplifiers. If one were to need to replicate one transformer that held all of the specs and techniques of the Peerless Trans; but that particular unit was not manufactured and required sourceing; how would you describe the unit in question?
You would need to name it and at that point where does the status of the peerless name stand?
Thats my question.

 
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