[Prev][Next][Thread Index][Subject Index]

Re: Read only if you love TREK


judis@interport.net (Judi Sohn) wrote:

>In article <01bbecb2$61872040$82a3fccc@www.swlink.net>,
>"OdoLover@GreatLink.net" <OdoLover@swlink.net (J. Medina)> wrote:
>
>> This is an outright injustice, not to mention a threat to our right
>> of free speech.  
>
>huh? You can talk about StarTrek all you want. The issue here is that you
>can't use their copyrighted images on your website. 

[snip]

>> Trekker websites provide
>> Viacom/Paramount FREE advertising and promote interest in Trek. 
>> Advertising and promotions increase their revenue, it doesn't take
>> ONE cent out of their pocket.  Those web sites actually EARN THEM
>> MORE $$ by gathering more fans and creating interest. 
>
>You're absolutely right. This I think is your only valid argument. It
>doesn't change the legality of the situation, which clearly puts Paramount
>in the right. You're more than welcome to ask Paramount to continue to look
>the other way as they've done up until now. I wish you luck. Just don't
>expect to get your way by virtue of some right that you think you have to
>the material. 
>

"Looking the other way" could pose significant legal risks for Paramount, even
if they might wish to do so..

I'm not sure, but I think there might be other issues here.  Paramount could be
concerned with the loss or diminution of its legal rights if it ignores misuse
of its trademarks, trade names, and infringement of its copyrights.    

For example, I think a trade name can fall into the public domain if it becomes
the descriptive name for an item.   In other words, it can be *too* successful.
This almost happened to "Kleenex."   Velcro didn't fall into the public domain
because its owners were careful to keep "hook-and-loop" around.  I can't think
of a case (with case law) where it did happen, but it is certainly a real
possibility.   Perhaps there is an intellectual-property analogue, or perhaps
there could be an implication that a copyright infringement was permitted if
not objected to under certain circumstances.   As we all know, the Internet
does pose some new legal issues.

Maybe there is a practicing intellectual property lawyer out there who could
enlighten us further.

[snipped the rest]

>-- 
>Judi Sohn
>judis@interport.net


-- Amarna
References: