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Gygax Magazine? [UPDATE 3 - Electric Boogaloo]
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<blockquote data-quote="Lou" data-source="post: 6055035" data-attributes="member: 51567"><p><strong>My four cents</strong></p><p></p><p></p><p></p><p>Four things jump out here: </p><p></p><p>1. A trademark is an indication of source of goods or services. A surname can become a trademark through use in commerce, if it is used as an indication of source. Busch(R) and Coors(R) are examples for beer.</p><p></p><p>2. There are different types of trademark rights in the US: common law rights, state law rights, and federal rights). The most important facts are start date, continuous use in commerce, and the extent of the use. There are also related rights under, mostly, state law in the US. A US federal trademark registration would be a superior right in the US, especially if it withstood attacks for 5 years of continuous use and a renewal.</p><p></p><p>3. Confusion is a tricky issue in trademark law. It will be even more difficult in this case, where Ernie Gygax and others with the Gygax name are involved. This would be very fact intensive and could go either way. My money is on whoever hires the better lawyers.</p><p></p><p>4. I don't believe that your last requirement for using an abandoned trade mark, namely "must be associated or linked with the original mark owner" is a real requirement. In the US, unless the mark has become generic, anyone can start using an abandoned mark and start creating trademark rights.</p></blockquote><p></p>
[QUOTE="Lou, post: 6055035, member: 51567"] [b]My four cents[/b] Four things jump out here: 1. A trademark is an indication of source of goods or services. A surname can become a trademark through use in commerce, if it is used as an indication of source. Busch(R) and Coors(R) are examples for beer. 2. There are different types of trademark rights in the US: common law rights, state law rights, and federal rights). The most important facts are start date, continuous use in commerce, and the extent of the use. There are also related rights under, mostly, state law in the US. A US federal trademark registration would be a superior right in the US, especially if it withstood attacks for 5 years of continuous use and a renewal. 3. Confusion is a tricky issue in trademark law. It will be even more difficult in this case, where Ernie Gygax and others with the Gygax name are involved. This would be very fact intensive and could go either way. My money is on whoever hires the better lawyers. 4. I don't believe that your last requirement for using an abandoned trade mark, namely "must be associated or linked with the original mark owner" is a real requirement. In the US, unless the mark has become generic, anyone can start using an abandoned mark and start creating trademark rights. [/QUOTE]
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