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  1. #1
    Atomic Punk
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    hmmm...everybody wants some
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    02.18.19 @ 07:19 PM
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    that's trademarked brett. would you have to remove that??

    "you can't change JMJ, it's legendary"- Brett Norton 9/24/07

    "It's the "JMJ" everyone had grown to love, man! Time to blow the roof off this place!"
    -Zachenfoot 2/23/10

    "The links just look a little better with JMJ. Always has, always will." -Hurricane Halen 2/24/10

    "I'm doin' the victory dance. Told ya I'd be back. Tell me ya missed me. Say it like ya mean it" - Blood and Fire. =VH= 2012. Welcome back boys :headband:

    "I don't give a flying fuck about Motley Crue. I give about a half a fuck about Rush. I like Van Halen and don't give a flying fuck how many tickets they all sell. Any questions?"- jimmyw

  2. #2
    Unchained Olen's Avatar
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    02.18.19 @ 04:56 PM
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    Quick guess on my part...

    The "TM" that you see is generally used to signify a trademark that is not registered with the USPTO. A federally registered trademark carries the "circled-R" - -

    I am guessing that Brett is using the headstock as an "unofficial" trademark here, but it is not federally registered. Why is this significant?

    To gain federal registration, it is examined by a trademark examiner. An examiner has a ton of prior art to pull from to defeat a request for registration. Although Ed's candy-striping may not be federally registered (I am not sure if it is or is not), there is one additional hurdle...

    If an examiner determines that a requested mark is sufficiently distinctive from the prior art to satisfy the registration examination, the mark is published in the USPTO Gazette and is held open for opposition for a certain period of time (which I believe is 30 days). These Gazette's are published weekly, I believe. Most IP attorneys have ready access to them, and if they have a client that has the IP portfolio that EVH has, then they stay abreast of the marks posted for opposition.

    In Brett's case, if he had attempted to register this mark, and it was published for opposition, it is likely that EVH's attorneys would have caught. Or face malpractice had they NOT, LOL!!

    That's just my guess.

    Brett will probably receive a request reasonably soon asking that he remove the headstock, and perhaps the other VH related things.

    If it was only Brett that was using the candy-striping as decoration, there would probably be little problem. But as is becoming evident, and this is the problem/drawback of the internet, there are literally dozens of sites that are using various icons/trademarks associated with VH. As I stated elsewhere, not closely protecting a trademark is damaging to the trademark in court proceedings, and potentially could lead to issues of dilution of TM and abandonment. Not Good.

    What would be great is if there is a compromise somewhere that would allow some of these non-commercial sites to incorporate some or all of the VH-related icons/trademarks on a free license basis. Perhaps that is just down the road.

    On a personal note: I sincerely hope that this site does not disappear b/c of this IP issue. I understand the frustration on everyone's part, but I am hopeful that WE can weather the storm.

    BRETT - Thanks for a wonderful forum. I am hopeful it will continue well into the VH future.

    [ April 10, 2002 at 09:55 PM: Message edited by: Olen ]</p>
    "The love, the echoes of long ago . . . You needed the world to know, they are in Xanadu . . ."

  3. #3
    Emperor of Brett's Avatar
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    02.21.19 @ 10:27 AM
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    Well apparently that license thing will allow us all to use striped stuff on our sites, but that's it. To me, that's the thing I care least about.
    Webmaster - Your Van Halen Internet Resource Guide
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  4. #4
    Johnson Rod Pabs's Avatar
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    10.29.09 @ 12:50 PM
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    Stripes ain't a problem.

    It's the =VH= logos and "5150" things.

    The Chicago White Sox (1901-present) - The Original SOX - Proof

    The Boston Americans (1901)
    The Boston Somersets (1902)
    The Boston Pilgrims (1903-1906)
    The Boston Red Sox (1907-present) - Proof

    The Pilgrims/Americans/Somersets whatever you want to call them, have NEVER displayed "SOX" anywhere on their caps, jerseys, or merchandise, therefore they shouldn't be referred to as such. However, the White Sox have used "SOX" since 1912.

    The SOX are in Chicago...we just allow the Pilgrims/Americans/Somersets to use the name.

    2007 Fantasy Football Champion

  5. #5
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    05.07.15 @ 12:27 AM
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    Maybe it would be a little different if there was some sort of statement explaining why, but for now, it just seems like the fans are getting FUCKED! NICE JOB ED! [img]graemlins/irked.gif[/img]
    The Pumpkinhead!

    "After three decades you still don't get the fact that VH the band was greater than the sum of all of its parts -- and those parts fit perfectly together, especially in the CVH lineup." - Delighted Romeo, Hit the nail right on the God Damn Head!!!

  6. #6
    Hot For Teacher
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    05.04.17 @ 02:11 AM
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    Strange thing is that the Frakenstein design supposedly has a copyright but I cannot find the federal registration at the US Copyright Office website . You can still have legal claim for a copyright without registration, but it makes it more difficult to enforce.

    Someone on Yahoo!Groups posted a rumor that a DLR camp person was trying to register Van Halen-related items and this is what prompted the recent enforcements.

  7. #7
    Hang 'Em High Stuff No More's Avatar
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    01.08.05 @ 11:08 AM
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    Oooh, does this mean I'll be banned when I hit post #5150?
    "Just once I'd like to do the right thing and not get punished for it."



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