Ah yeah that's what I meant. But there's nothing ironic about that, it's the law.
No, that's not the law. There is some grey area around Fair Use, but that's separate from Trademarks (which you yourself even admitted earlier). It seems very strange to me that you'd argue that the creator/legal IP holder doesn't have rights to their work, but the public does. IANAL, and I assumed you weren't either. Perhaps I was wrong about that assumption. But I can't find anywhere in the law that states the legal rights holder doesn't have rights and IP is available for anyone to use as long as you file off the #s under both copyright
and trademark laws. My understanding is that things like The Lanham Act do the opposite of what you're assumptions of the law is.
As I mentioned earlier, filing serial #s
does not work to circumvent trademark infringement. The very first bullet point is:
- How similar the marks are. They do not have to be identical.
But again, while sometimes copyright and trademark infringement are clear yes or no, there is a lot of grey area, and people should talk to an attorney.