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Microcap & Penny Stocks : AREE - Formerly TVSI
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To: TideGlider who wrote (901)2/15/1998 12:02:00 PM
From: LPasko  Read Replies (2) of 6528
 
TideGlider, I am getting more convinced that we are dealing with an abandonment of the trademark by Asics (see my posts 881 and 884). If this is so, any company that wants to commercialize the name may do so upon satisfying itself that no other company is now actively using the name, or has become so associated with the name that the public would be confused. As I mentioned earlier, and I've now confirmed through much research, trademarks are not owned in the same sense that houses are owned. The registered holder of a trademark gets a legal bonus--if there is a dispute the registered holder is "presumed" to have a valid enforceable trademark, and the "new" user has the burden of proving that the trademark has been abandoned, is for a very different product etc. Sometimes the registered holder wins its lawsuit, sometimes not. I don't think this will turn out to be a major issue, but it's certainly a worthwhile thing for any company to think about (trademark law is endlessly fascinating and keeps a lot of lawyers employed...I've heard recently that Barnum & Bailey has spent tons of money over the years suing anyone who has dared to describe their entertainment or exhibition as "the greatest show on earth". There's also the dispute--probably resolved by now between the company that makes Bar-B-Q Beans and the company that markets Beanie Bar-B-Q <g>).
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