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Patents/Copyright/Trademark/Tradename/DBA

From: Gary Tefft / Locustent@aol.com
Date: 15 May 1999
Time: 02:29:39

Comments

What RWCS has done is register several names with the State of Minnesota to reserve the right to operate a business under those names (at least in Minnesota). As Wally said, the intention was to hinder any additional parties from starting businesses under those names and adding to the confusion in the marketplace for old Red Wing items. This is different (and less effective) than patents, which protect the property rights to "inventions"; copyrights, which protect the property rights to written, recorded, uttered or performed text, software, music, theater or dance expressions; trademarks and tradenames, which protect the property rights to the use of unique symbols, names, words, or sounds, (and possibly smells or tastes) in association with a product or company. But, as was pointed out, copyrights are for unique expressions, not to provide exclusive use to specific words (If they were, you'd bet that Bill Gates would have bought up the rights to the English language and dole it out occasionally in little portions for $98.99 each. Can you imagine: Verbs 3.1, Prepositional Phrases 95?) Trademarks must be for a product that is in existance.

Registering a copyright is fairly easy and inexpensive. Patents and Trademarks are not. Registering with the State of Minnesota cost several hundred dollars for the list of business names reserved. But, nothing is stopping anyone from setting up business in another state where those names aren't registered.

On the other hand, if you think that this is never of any real value; consider that a group of investors were reported to have recently paid $17 million for the rights to the name Indian Motorcycle Company. That's just for the rights to use the name, the former owner's "product" under that name had been limited to T-shirts imprinted with the registered trademarked name.

Last changed: October 09, 2005