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Re: Who owns the Apple II brand
"william strutts" <wrstrutts1@nospam.home.com> wrote in message
news:Ybfd7.24047$K6.9897571@news2...
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> "Ralf Quint" <Ralf_Quint@hot_mail.com> wrote in message
> ouoanto12moq9e4igh7j8q1b84cl7s4ukv@4ax.com">news:ouoanto12moq9e4igh7j8q1b84cl7s4ukv@4ax.com...
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> > First, their is no "copyright" on a name, it could only be a
>
> Copyright can only refer to an intellectual property like a sound
> recording or a software program.
Wrong again, first off intellectual property is any of the following:
(a) copyrightable works
Copyright is a form of protection provided to the authors of "original works
of authorship" including literary, dramatic, musical, artistic, and certain
other intellectual works, both published and unpublished. The 1976 Copyright
Act generally gives the owner of copyright the exclusive right to reproduce
the copyrighted work, to prepare derivative works, to distribute copies or
phonorecords of the copyrighted work, to perform the copyrighted work
publicly, or to display the copyrighted work publicly.
The copyright protects the form of expression rather than the subject matter
of the writing. For example, a description of a machine could be
copyrighted, but this would only prevent others from copying the
description; it would not prevent others from writing a description of their
own or from making and using the machine. Copyrights are registered by the
Copyright Office of the Library of Congress.
(b) patentable works
A patent for an invention is the grant of a property right to the inventor,
issued by the Patent and Trademark Office. The term of a new patent is 20
years from the date on which the application for the patent was filed in the
United States or, in special cases, from the date an earlier related
application was filed, subject to the payment of maintenance fees. US patent
grants are effective only within the US, US territories, and US possessions.
The right conferred by the patent grant is, in the language of the statute
and of the grant itself, "the right to exclude others from making, using,
offering for sale, or selling" the invention in the United States or
"importing" the invention into the United States. What is granted is not the
right to make, use, offer for sale, sell or import, but the right to exclude
others from making, using, offering for sale, selling or importing the
invention.
(c) trade marks & service marks
A trademark is a word, name, symbol or device which is used in trade with
goods to indicate the source of the goods and to distinguish them from the
goods of others. A servicemark is the same as a trademark except that it
identifies and distinguishes the source of a service rather than a product.
The terms "trademark" and "mark" are commonly used to refer to both
trademarks and servicemarks.
Trademark rights may be used to prevent others from using a confusingly
similar mark, but not to prevent others from making the same goods or from
selling the same goods or services under a clearly different mark.
Trademarks which are used in interstate or foreign commerce may be
registered with the Patent and Trademark Office. The registration procedure
for trademarks and general information concerning trademarks is described in
a separate pamphlet entitled "Basic Facts about Trademarks".
(e) things not copyrighted or patented, but held as a "trade secret"
pursuant to federal or state legislation
Start by referencing the appropriate legislation as codified in the State or
Commonwealth you intend to develop in, also reference State or Commonwealth
legislative records (in regards to the intent of the legislature at the time
of enactment), as well as applicable case law to determine your standing in
any particular jurisdiction.
>
> > "trademark" in conjunction with a logo.
>
> Apple would definitely fall under the Trademark heading.
It actually can be both. The logo can be a service or trade mark, but also
be copyrighted if inclusive to the greater work of a manual or such. The
entire manual (including the reproduction of the service or trade mark) may
be copyrighted.
>
> > And that Apple Computers can claim that their logo is a registered
> > trademark, is due to the fact that they got an agreement in 1981 with
> > Apple Records (which registered their logo first, 1967/1968?), that
> > they can keep their name AND logo (the apple with the bite), as long
> > as Apple Computers has nothing to do with music. There was a later
> > court battle between Apple computers and Apple Records (1989/1990?),
> > because of some audio supporting features in Macintosh computers (MIDI
> > support?, can't remember right now), but this was also settled out of
> > court quickly, with Apple Computers paying Apple Records.
>
> I thought that battle was in the 1986-87 timeframe in regards to the
> Ensoniq chip inside the Apple IIgs. Apple Records claimed that
> Apple Computer was infringing upon the terrain of musical recording
> which according to the earlier agreement with Apple Computer
> that they would not. Apple Records feared that Apple Computer
> would embrace recording with the inclusion of sound capabilities
> in their new machines. Hence, violating their earlier agreement not
> to compete with Apple Records.
> --
> --
> William R. Strutts - wrstrutts1@nospam.home.com - Whatever!
>
> C'est moi! http://www.facelink.com/wrstrutts
>
> Just hacking away...
>
> Remove nospam to reply.
>
>