[A/S] Re: Trademark

["bleipper" <rv@xxxxxxxxxxx>]

But that is not what Thor trademarks under that brand. This is one
reason why I think the brand is dilluted by the actions of the
trademark owner. What people think when they see the trademark is
different from what is held to be represented by it by the trademark
owner. (also an important issue for the WBCCI albiet with differing
considerations)

> Disney sues anyone and everyone who uses any of its characters without 
> permission.

again, the issue is a clearly identified product used in a competitive
or harmful way. Disney has a specific cast of characters, each
identified by its own mark, and they are very careful to keep linkages
between marks and products very clear. Disney is very very good in
doing this right.

> I see nothing wrong with going after people who are profiting from the 
> Airstream trailer name and image without Airstream's permission.

me, neither. (if they are in the RV business)

The problem is that the trademark is not clearly applied to a specific
product nor even a specific market and AS is indiscriminate, in my
experience, in this area. (This is why there are so many Airstream
brands as trademark law allows multiple use in differing markets)

> Your reactions are making me wonder if you were profiting from
Airstream's 
> name or image and they stopped you.... were you?

nope. I don't infringe on other's trademarks or on their other
property as a matter of policy. But then, I also think there is a
responsibility of property owners to know the limits of their property
and not unnecesarily threaten others.

BTW, Why do you make assumptions or question another's honesty and
integrity when you don't understand (or perhaps accept) their point of
view?

> My best friend is an artist and she doesn't take kindly to people
using her 
> drawings or paintings on things as innocent as business cards.   

Being in the business of helping small nonprofits with newsletters and
other published materials, I know this one well. We often get a lot of
flack from clients when we seek proper documentation of permission to
use graphic elements, trademarks, or other protected materials. I even
had a group of inventors get into a huff when I reminded them about
intellectual property they were trying to abuse. It gets to be quite
an education job, especially when software gets into the mix. It can
also be an issue when a volunteer does a job for an association or the
association tries to use something in a way they were not licensed to do.

> You can't just help yourself to other people's stuff.

that is a fundamental value in our society!

But keep in mind that when you buy a book you only buy the paper and
ink - not the content. You only have a license to use that content. So
sometimes who owns what is not as clear as it might seem.