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Gygax Magazine? [UPDATE 3 - Electric Boogaloo]
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<blockquote data-quote="Lou" data-source="post: 6055052" data-attributes="member: 51567"><p>US trademark law is layered--federal, state, and common law. A US federal registration has superior rights in most cases to any state law trademark. But the primary issues are always the same: date of first use in commerce, continuous use in commerce, and the extent of the use. The US federal registration for TSR(R) is currently good for use for gaming. Interesting to note that there are now 11 active US registered trademarks of "TSR" in various industries.</p><p></p><p>Your analysis on goodwill has a hole: goodwill for whom? The "famous brand" you describe was abandoned by that mark holder.</p><p></p><p>The Gygax name is a different can of worms with a different fact pattern.</p><p></p><p>[edit]For the sake of full disclosure, as I have mentioned elsewhere on EnWorld, I am a US Patent Attorney and a licensed Attorney in the state of Texas. In the US, any licensed attorney of any state may practice trademark law before the USPTO.[/edit]</p></blockquote><p></p>
[QUOTE="Lou, post: 6055052, member: 51567"] US trademark law is layered--federal, state, and common law. A US federal registration has superior rights in most cases to any state law trademark. But the primary issues are always the same: date of first use in commerce, continuous use in commerce, and the extent of the use. The US federal registration for TSR(R) is currently good for use for gaming. Interesting to note that there are now 11 active US registered trademarks of "TSR" in various industries. Your analysis on goodwill has a hole: goodwill for whom? The "famous brand" you describe was abandoned by that mark holder. The Gygax name is a different can of worms with a different fact pattern. [edit]For the sake of full disclosure, as I have mentioned elsewhere on EnWorld, I am a US Patent Attorney and a licensed Attorney in the state of Texas. In the US, any licensed attorney of any state may practice trademark law before the USPTO.[/edit] [/QUOTE]
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