Olen
05.02.00, 07:45 PM
all w/in 24 hours of one another.
Tiffany-Amber Issue: After waiting for several weeks (I was assuming that my email was lost or ignored), the webmaster of Tiffany-Amber Thiessen's official website emailed me. The webmaster stated if it is her, he/she does not know about it, nor do the other websites that list her credits. So, I have to assume it is not her.
Trademark Rights Issue: I tried to resolve as much of the question about Van Halen's TM rights as I could. The standing question that needed to be resolved was:
The PTO database did not have a notation that indicated Van Halen had assigned its TM rights to anyone. Is this an accurate reflection of Van Halen's TM rights?
Answer: In this particular case (Van Halen's), YES!! My Trademarks professor is a former Associate Commissioner of the Trademark Division of the PTO (meaning he knows a lot, hehe). He helped draft many of the current amendments to the TM Statute. Anyway, I asked him about the accuracy of the PTO database.
A TM owner has a maintenance fee that must be paid between the 5th and 6th year, the 9th and 10th, etc. Any info about a particular mark or marks owned by the same owner are updated upon the payment of the maintenance fee(s).
So, in Van Halen's case, if WB's had received an assignment from Van Halen in the original contract, as was alleged (thus, WB's would have the TM rights), it would have noted at the first maintenance payment (roughly, 1983 or 1984). Since Van Halen has paid a couple of maintenance fees since, and w/ no updates and/or notations of assignment, it is safe to presume that Van Halen continues to own the TM rights in its logo's, name's, etc.
Sorry for the length.
And sorry for the delay in info.
http://www.vhlinks.com/vhlforum/smilies/smile.gif
[This message has been edited by Olen (edited May 02, 2000 at 08:48 PM).]
[This message has been edited by Olen (edited May 02, 2000 at 08:48 PM).]
Tiffany-Amber Issue: After waiting for several weeks (I was assuming that my email was lost or ignored), the webmaster of Tiffany-Amber Thiessen's official website emailed me. The webmaster stated if it is her, he/she does not know about it, nor do the other websites that list her credits. So, I have to assume it is not her.
Trademark Rights Issue: I tried to resolve as much of the question about Van Halen's TM rights as I could. The standing question that needed to be resolved was:
The PTO database did not have a notation that indicated Van Halen had assigned its TM rights to anyone. Is this an accurate reflection of Van Halen's TM rights?
Answer: In this particular case (Van Halen's), YES!! My Trademarks professor is a former Associate Commissioner of the Trademark Division of the PTO (meaning he knows a lot, hehe). He helped draft many of the current amendments to the TM Statute. Anyway, I asked him about the accuracy of the PTO database.
A TM owner has a maintenance fee that must be paid between the 5th and 6th year, the 9th and 10th, etc. Any info about a particular mark or marks owned by the same owner are updated upon the payment of the maintenance fee(s).
So, in Van Halen's case, if WB's had received an assignment from Van Halen in the original contract, as was alleged (thus, WB's would have the TM rights), it would have noted at the first maintenance payment (roughly, 1983 or 1984). Since Van Halen has paid a couple of maintenance fees since, and w/ no updates and/or notations of assignment, it is safe to presume that Van Halen continues to own the TM rights in its logo's, name's, etc.
Sorry for the length.
And sorry for the delay in info.
http://www.vhlinks.com/vhlforum/smilies/smile.gif
[This message has been edited by Olen (edited May 02, 2000 at 08:48 PM).]
[This message has been edited by Olen (edited May 02, 2000 at 08:48 PM).]