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Post InfoTOPIC: Hasbro
Posted By:

Posted On: Jan 24, 2008
Views: 545
Hasbro

http://valleywag.com/344041/hasbro-wants-to-shut-down-scrabulous

there they go again


Posted By: Syrgot

Posted On: Jan 26, 2008
Views: 534
RE: RE: Hasbro

I don't mean to be a stick in the mud, but they have both a right and an obligation to do that.

Trademark dilution is they way trademarked terms become generic. Such as vasoline, Velcro, cellophane, deodorant, etc. All of those used to be trademarked. No one could use the word (other than the proper TM holder).

But a trademark only lives for as long as the holder protects it. The TM holder is responsible for actively seeking out people violating their trademark, and if they don't do that, they lose the TM.

So Lets say Hasbro owns the TM on the game "Memory." Fisher Price (another toy company) wants to use that term and sell their own matching game. All they have to do is dilute it.

Do do that, Fisher Price has to find, and prove that say, Odd Todd has been using something similar to the "Memory" TM for a few years, and Hasbro never did anything about it. If they take that to court, and are right, the court would (probably) dilute Hasbro's TM, causing them to lose lots of money, and the word "Memory" in terms of a matching game would from that point forward be owned by the public domain.

Understand?


Posted By:

Posted On: Jan 26, 2008
Views: 531
RE: Hasbro

Can't argue with that... although in Todd's case it did seem a bit ridiculous since the game itself is so simple in concept and the title already so generic.


Posted By:

Posted On: Jan 26, 2008
Views: 527
RE: Hasbro

Actually you can argue with that because Syrgot is wrong. First he is confusing trademark,patent and copyright. Second, it is a myth that you have to defend any of them or you lose your rights.

Words, phrase and slogans can be trademarked as long as they are registered properly. The TM can be used at any time after you submit your application. The R or S marks can only be used after you are registered. From that point all you have to do is to do the required periodic filings to note you are still using the trademark. I know that someone is currently using a business name I have trademarked. I don't have to do anything about it. If at some point they ever did anything that I felt was a threat to my trademark rights I could still go after them.

You can not register the word "Memory". I have a phrase registered and one of the words is common. I had to explicitly state that I am making no claim to that word in order to be registered.

If OddTodd started selling cheese flavored snack foods with the phrase "The cheesiest" he would be violating Trademark laws. If OddTodd had something online that was similar to a Hasbro Product he would be breaking copyright and/or patent laws depending on what was being taken. If Hasbro knew about it and did nothing, that would not dilute their rights in any way. If Fisher Price were to try and put out a similar product, Hasbro could still sue and the OddTodd usage would be irrelevant.



 

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