what about the vhforums headstock?

**JMJ** · 04.10.02, 09:36 PM

that's trademarked brett. would you have to remove that??

JMJ

**Olen** · 04.10.02, 09:50 PM

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>

**Brett** · 04.10.02, 09:57 PM

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.

**Pabs** · 04.10.02, 11:39 PM

Stripes ain't a problem.

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

**Pumpkinhead** · 04.11.02, 02:02 AM

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]

**mikeno55** · 04.11.02, 03:44 AM

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.