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Re: copyright and scale models



Actually, this is a trademark issue, not copyright (as the company cannot
obtain copyright for its name and generally do not obtain copyright for
logos, but they can as art work).

Generally speaking, a company can sue for trademark infringement for the
following reasons:
1. The use of the mark creates confusion in the marketplace.
2. The use of the mark dilutes the importance and/or meaning of the original
mark.

Now, I'm sure a good Intellectual Property lawyer could dream up other ways,
but the above usually satisfied my work in my former incarnation as a patent
and trademark librarian.

As far as your specific question, it does not matter that the person is not
making a profit from the models. Realistically, though, even if the company
found out and wanted him to stop, they would file a "cease & desist" letter.

One way your patron can protect himself is to give proper credit if the
trademark is registered. Place the symbol (the letter "r" inside a circle)
after the mark and state "[mark] is a registered trademark of [company
name]" He can search for registered trademarks at the USPTO website
[http://www.uspto.gov]. Keep in mind, though, the mark DOES NOT have to be
registered to be protected under law (and I won't get into trademark law any
further as this email is dragging out as it is and I may have already put
some to sleep).

Peace,

Michael C. Miller
Special Collections Librarian
Dallas Public Library, Texas/Dallas History & Archives
1515 Young St.
Dallas TX 75201
(214)670-1440
mmiller@dallaslibrary.org
> visit us at http://dallaslibrary.org
> web catalog: http://catalog.dallaslibrary.org
>
"Violence is the last refuge of the incompetent." Isaac Asimov, Foundation.


> -----Original Message-----
> From: Thomas Berry [SMTP:tberry@WCNET.ORG]
> Sent: Thursday, March 08, 2001 1:01 PM
> To:   ARCHIVES@LISTSERV.MUOHIO.EDU
> Subject:      copyright and scale models
>
> Good afternoon!
>
> This is my week for esoteric questions.
>
> One of our members asked me if copyright issues have ever been raised over
> use of a company's name or logo on a scale model. He builds the models
> solely for his own enjoyment or to give away, so he is not making any
> money
> from them. My inclination was to tell him not to worry, but the more I
> think
> about it the more inclined I am to consult the wisdom of others. Any
> thoughts on this?
>
> Thanks for all help given on this and all other questions.
>
> Best wishes,
>
> Thomas Berry, Archivist
> Historical Construction Equipment Association
> 16623 Liberty Hi Road
> Bowling Green, Ohio 43402
> Phone 419-352-5616
> Fax 419-352-6086
> tberry@wcnet.org
> http://www.hcea.net
>
> A posting from the Archives & Archivists LISTSERV List!
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> Problems?  Send e-mail to Robert F Schmidt <rschmidt@lib.muohio.edu>

A posting from the Archives & Archivists LISTSERV List!

To subscribe or unsubscribe, send e-mail to listserv@listserv.muohio.edu
      In body of message:  SUB ARCHIVES firstname lastname
                    *or*:  UNSUB ARCHIVES
To post a message, send e-mail to archives@listserv.muohio.edu

Or to do *anything* (and enjoy doing it!), use the web interface at
     http://listserv.muohio.edu/archives/archives.html

Problems?  Send e-mail to Robert F Schmidt <rschmidt@lib.muohio.edu>