5 years and I've still not decided on a producer name, any suggestions?
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- KVRAF
- 2641 posts since 23 Jun, 2006 from Hungary
- KVRAF
- 25852 posts since 20 Jan, 2008 from a star near where you are
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- KVRian
- 1003 posts since 1 Apr, 2002 from Spain
Sorry, I ment trademark and not copyright. And you´re prolly right as it seems that you know alot about these things!aciddose wrote:Technically speaking names don't fall under copyright protection but rather require trademark protection.
Tankard would be an everyday object and so would not enjoy such protection outside the specific area in which it is applied.
In other words in order for "Tank'ard" to infringe it doesn't matter whether it meant "tank hard" (fill up or fall on your face? immune to small caliber ammunition?) or "(shellshocked) tanker 'tard" (a ww1 vet in a wheelchair with intellectual disability?)
It only matters whether customers of "Tankard" would be confused by "Tank'ard" in such a way as to either damage the reputation of "Tankard", bring into question whether a product is made by one or the other, appear as an endorsement, imply an association with, or attribute aspects of another product to "Tankard" or affect in ways other than fair "good faith" competition the sales of "Tankard" brand products.
An important element involved in whether the name/brand is confusing is whether aspects of the two brands overlap in a way which could potentially confuse "an ordinary person".
Another metal band with similar album artwork, melodies, lyrics and stage costumes? Yeah well that would probably be infringing.
A smooth jazz band with otherwise nothing in common but the name? Possibly not infringing.
That doesn't have a fixed definition and would be decided subjectively by a hearing/judge.
Best Regards
Roman Empire
Roman Empire
- KVRAF
- 25852 posts since 20 Jan, 2008 from a star near where you are
- KVRAF
- 25852 posts since 20 Jan, 2008 from a star near where you are
- KVRAF
- 25852 posts since 20 Jan, 2008 from a star near where you are