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- Xref: sparky comp.unix.bsd:5736 comp.os.mach:1287 misc.int-property:986 alt.suit.att-bsdi:305
- Path: sparky!uunet!sun-barr!news2me.ebay.sun.com!exodus.Eng.Sun.COM!sun!amdahl!JUTS!news
- From: tjc50@juts.ccc.amdahl.com (Terry Carroll)
- Newsgroups: comp.unix.bsd,comp.os.mach,misc.int-property,alt.suit.att-bsdi
- Subject: AT&T "DeathStar" Trademark (was: Are you sure UNIX is a trade mark?)
- Message-ID: <05h702Px22VG01@JUTS.ccc.amdahl.com>
- Date: 15 Sep 92 16:22:45 GMT
- References: <4093@novavax.UUCP>
- Sender: netnews@ccc.amdahl.com
- Reply-To: tjc50@juts.ccc.amdahl.com (Terry Carroll)
- Organization: Amdahl Corporation
- Lines: 27
-
- In article <4093@novavax.UUCP>, burtond@novavax.UUCP (Donald B. Burton)
- writes:
- > actually, i have heard of this
- > purely as a rumor--the death-star <well thats what i call it> symbol
- > you know, the orb made with line-art so often seen with at&t logos
- > was once untm-ed and un <c>-ed. then some joe-schmoo noticed and
- > copyrighted it before the execs at at&t realized. at&t had to
- > pay him $$$ to buy it back/pay royalt etc.
-
- I very much doubt this.
-
- It couldn't be copyrighted, because to be copyrighted, a work must be
- original with the author seeking copyright, and that's not the case here.
- Worst case is that AT&T didn't copyright the artwork, so it was public
- domain, so others could use it, but they certainly couldn't copyright it
- themselves and prevent AT&T from using it, because you can always use
- something in the public domain.
-
- On trademarks, a trademark is only registerable if it is used, or there is a
- bona-fide intent to use, the trademark in commerce. Unless Joe Schmoo was
- actually using it, or had a bona fide intent to use it (and considering the
- circumstances here, that's be a tough showing), he couldn't register it as a
- trademark. Even so, it could continue to be used as a common law trademark
- in areas where it had been used by AT&T -- and that's nationwide.
-
- Terry Carroll - tjc50@juts.ccc.amdahl.com - 408/992-2152
- The opinions presented above are not necessarily those of a sound mind.
-