Trademark Question

[thesignlady]

I figure that doctrine is probably how the ebay seller is getting away with it. He specifically says his decals are as new condition, not new, and says there are very limited quantities. Probably the loophole.

[overlander63]

Long defunct companies are still protected, as long as the entity currently controlling the defunct company's interests consistently pursues infringement. There are some toy and model makers that found this out the hard way when they produced items using a company's copyrighted material. The company had ceased to exist over a hundred years ago, but the current copyright holder pursued legal action, and won.

[SCOTTinNJ]

Originally Posted by overlander63

Long defunct companies are still protected, as long as the entity currently controlling the defunct company's interests consistently pursues infringement. There are some toy and model makers that found this out the hard way when they produced items using a company's copyrighted material. The company had ceased to exist over a hundred years ago, but the current copyright holder pursued legal action, and won.

Actually this is conflating copyrights and trademarks a bit.

Trademarks require use to maintain protection. Stop using the mark you loose your protections (not the actual day you stop, mind you).

Copyrights are governed by a registration system. So long as the registration remains valid, an entity owning it can assert it. That they are also using the copyrighted material is not a requirement.

[Airline]

I wonder how much Airstream paid Disney to use the Word "Bambi"........

[SCOTTinNJ]

Originally Posted by Airline

I wonder how much Airstream paid Disney to use the Word "Bambi"........

Ironic that you bring up Disney. Many credit Disney with changes to the copyright laws throughout the years.

How Mickey Mouse Keeps Changing Copyright Law - Art Law Journal

[xrvr]

Don't remember exactly but I think AS used Bambi before Disney? Jim

[54fuselage]

Airstream would never have full rights to the name "Bambi" alone. It would have to be used in correlation with the style of writing Airstream presented it, or in the context of RVs (or a bubbly silver style trailer). You can put the name "Bambi" on a shirt and sell it all day if it's not styled after that of Airstream or placed beside a picture of an Airstream trailer (so as to make a connection with Airstream).

Airstream certainly doesn't have exclusive trademark rights to the image of a generic silver aluminum bubbly kind of trailer either. If an artist wants to paint a silver bubble trailer and sell it on Etsy, Airstream has no claim to it. Specific features could be picked out to decide otherwise and could put one in a legal bind, however the "generic" aspects of the image cannot be trademarked.

The below legal statement should add clarity, but also makes the rules very difficult when discussing a notable brand such as Airstream and its popularity.

"the use of a trademark in connection with the sale of a good constitutes infringement if it is likely to cause consumer confusion as to the source of those goods"

[Tincampers]

More often than not it comes down to who has the most cash and the most to lose.

[Streamer1492]

This issue came up at our monthly Airstream meeting today and our group was wondering if the Airstream cars made by Chrysler in 1934-1936, sold in 1935 and 1936 were ever "registered" trademarks and were they trademarked before marketed, maybe before the first Airstream was produced and that is why Thor can't "register" the trademark Airstream.. We have never seen the R with a circle around it after Airstream, has anyone??