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Axanar meets legal resistence from CBS
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<blockquote data-quote="Umbran" data-source="post: 6850034" data-attributes="member: 177"><p>IANAL, but I don't think so. Trademark is applicable to *specific* images, and phrases, not to concepts. They may Trademark the *word* "Romulan", but you can't trademark general concepts of something generally like "Space Soviets". And, since you have to defend them or they might be lost, the number of terms they've trademarked is probably small. Moreover, I think trademarks have to be registered *for* something. The point of trademark is to have a mark that folks cannot confuse, and if used on an entirely different product, then arguing that folks will get confused is difficult. See the old argument between Apple Corps (the Beatles' record company) and Apple Computers - it isn't like anyone confused the two, so Apple ultimately won the conflict.</p><p></p><p>Enforcing copyright on general concepts is hard, too - "look and feel" suits are difficult to make stick. My understanding is that CBS isn't pushing that, and is instead going after the more clear specific times their particular artistic expressions are used.</p><p></p><p></p><p></p><p>No, they don't need to steal footage or script. It is enough to copy designs of costumes and ships too closely. Take a look, for example, at the costume design comparisons that are floating around. And take a look at the Klingon language (which is covered by copyright), which is pretty darned specific. </p><p></p><p></p><p></p><p>Nope - as Danny has already noted above your post.</p></blockquote><p></p>
[QUOTE="Umbran, post: 6850034, member: 177"] IANAL, but I don't think so. Trademark is applicable to *specific* images, and phrases, not to concepts. They may Trademark the *word* "Romulan", but you can't trademark general concepts of something generally like "Space Soviets". And, since you have to defend them or they might be lost, the number of terms they've trademarked is probably small. Moreover, I think trademarks have to be registered *for* something. The point of trademark is to have a mark that folks cannot confuse, and if used on an entirely different product, then arguing that folks will get confused is difficult. See the old argument between Apple Corps (the Beatles' record company) and Apple Computers - it isn't like anyone confused the two, so Apple ultimately won the conflict. Enforcing copyright on general concepts is hard, too - "look and feel" suits are difficult to make stick. My understanding is that CBS isn't pushing that, and is instead going after the more clear specific times their particular artistic expressions are used. No, they don't need to steal footage or script. It is enough to copy designs of costumes and ships too closely. Take a look, for example, at the costume design comparisons that are floating around. And take a look at the Klingon language (which is covered by copyright), which is pretty darned specific. Nope - as Danny has already noted above your post. [/QUOTE]
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