Re: Editors: threat or menace?

Andrew Woode <andrew_woode@xxxxxxxxxxx> wrote in
news:1188238161.432528.266320@xxxxxxxxxxxxxxxxxxxxxxxxxxx:

On 26 Aug, 18:05, Terry Austin <terry.notaniceper...@xxxxxxxxx>
wrote:
Jasper Janssen <jas...@xxxxxxxxxxxx> wrote
innews:mm23d3dcpqg5ssalmtogcomh6mlnku7hhv@xxxxxxx:



On Tue, 07 Aug 2007 21:26:39 -0000, No 33 Secretary
<terry.notaniceper...@xxxxxxxxx> wrote:

Technically, that depends. There are a number of different
domains for trademarks, and having even a registered mark in
one does not protect against its use in another. So if
massage parlors happen to fall in to a category that Disney
has failed to register the mark in, in theory, you could do
just that. (I suspect that Disney is very thorough about
making certain the trademarks that matter are registered and
properly maintained in all available categories. On can't
help but wonder if there are products out there that are
obviously bad ideas, but exist solely to qualify for
trademark protection within a particular category.)

Disney can (as I understand it) only legally maintain a
trademark protecting against Cinderella Massage Parlours if
they actually *operate* Cinderella Massage Parlours, can't
they?

They have to make use the mark somewhere within that domain,
Do you mean 'trademark class'?

Most likely.

yes. I suspect
there's more available to them than just massage parlours to do
that with.

Legitimate massage comes under class 44, for which the heading
is: "Medical services; veterinary services; hygienic and beauty
care for human beings or animals; agriculture, horticulture and
forestry services."

(Class 45 "Legal services; security services for the protection
of property and individuals; personal and social services
rendered by others to meet the needs of individuals." might
cover some other possible services on such premises).

see: http://www.wipo.int/classifications/nivilo/nice/index.htm
for the classes, their standard headings, and longer lists of
possible goods and services.


Andrew (who works in trademarks, though translating applications
rather than being an expert on the legal details governing
them).

Anybody who thinks there's *anything* said by *anyone* of any
practical value said in a newsgroup deserves what they get.

--
"You weren't born prematurely, son. You just survived the
abortion."

Terry Austin
.

Relevant Pages

  • Re: Editors: threat or menace?
    ... for trademarks, and having even a registered mark in one does not ... So if massage parlors happen to ... fall in to a category that Disney has failed to register the mark ... protection within a particular category.) ...
    (rec.arts.sf.written)
  • Re: More on Releasing New Software
    ... > aspect that was not addressed was protection. ... I don't know squat about patents and trademarks. ... You don't have to register it, ... maintain a copy of the source code for every version on disk. ...
    (borland.public.delphi.non-technical)
  • Re: Data protection madness!
    ... practical experience in the field of data protection law (i.e. comparable ... Registry office staff are unlikely to have any personal interest ... being scrapped in register offices, implying "an end to thousands of ... signature in advance of the actual ceremony - but I understand this ...
    (soc.genealogy.britain)
  • Re: family guy episode
    ... the titles could be copyrighted, parody tends to be allowed (in the US, ... As for protection by trademark, that means that someone who doesn't own ... the mark can't use the mark to disguise their work as part of a line of ... Modern intellectual property laws are bad enough without anyone ...
    (alt.fan.harry-potter)
  • Re: family guy episode
    ... As for protection by trademark, that means that someone who doesn't ... own the mark can't use the mark to disguise their work as part of a ... Modern intellectual property laws are bad enough without anyone ... if it wasn't an obvious parody. ...
    (alt.fan.harry-potter)
Loading