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Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'
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<blockquote data-quote="JohnRTroy" data-source="post: 5079767" data-attributes="member: 2732"><p>Names are tricky. </p><p></p><p>The primary concern of names is <em>consumer confusion</em>. If there are other John R. Troy's in the world, the use of JRTDB (edited for ease) as a trademark is probably not going to be opposed. (For instance, there is a JohnTroy.com devoted to some signer who is not me. I'm not famous at all. (The only reason I even use my "R" is because my Dad had the same name and it gets confusing if you omit that going to banks and doctors.)</p><p></p><p>But there's a fame factor involved. Anybody trying to create a trademark with the name "Paul Newman", even if it was created by a Paul Newman, might have trouble if the estate of actor Paul Newman, who also has businesses like Newman's Own, objected. Use of the word Trump or Disney would probably at least be challenged, as both single names have become synonymous with the companies and the people involved.</p><p></p><p>It would depend on the field involved. Disney is famous for multiple endeavors, and the first thing most people across the world would think of them first when they see anything is the guys who made Mickey Mouse. </p><p></p><p>However, some people have narrower realms of fame. Gygax, for instance, is a common Swiss name. There are companies called Gygax, so Gary's estate can't complain about a Gygax watches. (EGG did have a gygax.com at one point, then lost it to those guys after retiring a web site). </p><p></p><p>However, if somebody in the US named Gygax tried to create a trademark called "Gygax Creations" that developed computer or tabletop RPGs, and it wasn't clear that it was by some other Gygax, Gail and Co. could complain. If the guy used his full name "Frank Otis Gygax" in the Trademark, then he'd had more protection.</p><p></p><p>The key is potential consumer confusion.</p></blockquote><p></p>
[QUOTE="JohnRTroy, post: 5079767, member: 2732"] Names are tricky. The primary concern of names is [I]consumer confusion[/I]. If there are other John R. Troy's in the world, the use of JRTDB (edited for ease) as a trademark is probably not going to be opposed. (For instance, there is a JohnTroy.com devoted to some signer who is not me. I'm not famous at all. (The only reason I even use my "R" is because my Dad had the same name and it gets confusing if you omit that going to banks and doctors.) But there's a fame factor involved. Anybody trying to create a trademark with the name "Paul Newman", even if it was created by a Paul Newman, might have trouble if the estate of actor Paul Newman, who also has businesses like Newman's Own, objected. Use of the word Trump or Disney would probably at least be challenged, as both single names have become synonymous with the companies and the people involved. It would depend on the field involved. Disney is famous for multiple endeavors, and the first thing most people across the world would think of them first when they see anything is the guys who made Mickey Mouse. However, some people have narrower realms of fame. Gygax, for instance, is a common Swiss name. There are companies called Gygax, so Gary's estate can't complain about a Gygax watches. (EGG did have a gygax.com at one point, then lost it to those guys after retiring a web site). However, if somebody in the US named Gygax tried to create a trademark called "Gygax Creations" that developed computer or tabletop RPGs, and it wasn't clear that it was by some other Gygax, Gail and Co. could complain. If the guy used his full name "Frank Otis Gygax" in the Trademark, then he'd had more protection. The key is potential consumer confusion. [/QUOTE]
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Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'
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