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| Re: NY MTA Claims SFMTA Parody Infringes on Trademarks (825911) | |||
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Re: NY MTA Claims SFMTA Parody Infringes on Trademarks |
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Posted by metropod on Wed Aug 26 17:05:20 2009, in response to Re: NY MTA Claims SFMTA Parody Infringes on Trademarks, posted by arnine on Wed Aug 26 16:38:37 2009. No, they resigstered those marks, any mark they use to conduct business can be claimed a service mark.TITLE 15 CHAPTER 22 SUBCHAPTER III § 1127 The term “trademark” includes any word, name, symbol, or device, or any combination thereof— (1) used by a person(under the law, the MTA counts as a person), or (2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter, to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown. The term “service mark” means any word, name, symbol, or device, or any combination thereof— (1) used by a person, or (2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter, to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown. Titles, character names, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor. The term “mark” includes any trademark, service mark, collective mark, or certification mark. The term “use in commerce” means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For purposes of this chapter, a mark shall be deemed to be in use in commerce— (1) on goods when— (A) it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and (B) the goods are sold or transported in commerce, and (2) on services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce, or the services are rendered in more than one State or in the United States and a foreign country and the person rendering the services is engaged in commerce in connection with the services. some jurisitions (who exactly I have yet to find out becuase I have no time to look I have somewhere to be) include a civil tort called "passing off" proecting thier good will. if you were unaware of MUNI , and saw that shirt, you might think it's a bash on someone else. |
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