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djdon
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Posted: Sun Sep 18, 2016 6:09 am |
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Joined: Fri Jun 03, 2011 8:11 am Posts: 846 Location: Ocean County, Jersey Shore Been Liked: 197 times
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I'm wondering how many defunct karaoke manufacturers are out there that never tradmarked their logo. Like Pop Hits, Top Hits and Music Maestro for examples. I don't know whether they did or not. Anyone else know? Hmm.... if no trademarks exist for them, could someone somehow trademark them?
_________________ DJ Don
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timberlea
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Posted: Sun Sep 18, 2016 7:06 am |
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Joined: Wed Sep 04, 2002 12:41 pm Posts: 4094 Location: Dartmouth, Nova Scotia, Canada Been Liked: 309 times
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TopherM
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Posted: Mon Sep 19, 2016 7:59 am |
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Joined: Mon Dec 20, 2004 10:09 am Posts: 3341 Location: Tampa Bay, FL Been Liked: 445 times
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You don't have to apply for a trademark. It's implied, and automatic. You can pay to register it to be on the safe side, but it is not required. You just have to be able to prove first and continuous business use. So the defunct companies ALL had claim to trademark on their brands, and if they are defunct, they no longer have them because they can not claim the continuous business use requirement (unless they sold the brand to a new owner).
_________________ C Mc
KJ, FL
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djdon
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Posted: Mon Sep 19, 2016 8:04 am |
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Joined: Fri Jun 03, 2011 8:11 am Posts: 846 Location: Ocean County, Jersey Shore Been Liked: 197 times
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ok, so then in theory, can anyone 'claim' an abondoned trademark?
_________________ DJ Don
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KaraokeIan
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Posted: Mon Sep 19, 2016 2:31 pm |
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Joined: Sun Nov 20, 2011 3:04 pm Posts: 486 Been Liked: 99 times
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djdon wrote: ok, so then in theory, can anyone 'claim' an abondoned trademark? Not really. Usually even bankrupt companies still have someone owning the remains of the company. You're going to need a good lawyer and some research before you can make that assumption on any trademark. Why would you want to steal someone else's idea anyway?
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rickgood
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Posted: Mon Sep 19, 2016 5:51 pm |
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Joined: Tue May 31, 2011 7:09 pm Posts: 839 Location: Myrtle Beach, SC Been Liked: 224 times
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Dang guys you have a totally unrealistic idea of what a trademark does and how it works. In the first place, it takes 12-18 months to work through the process, even using an attorney who knows what to do (it comes from the federal government)
Also you have to have actively used the mark in commerce and have that well-documented.
Also, you can't just assume someone's work and claim it for your own without some kind of agreement from that party. Assuming that most of those tracks were recorded without permission, why in the world would you want to be involved in something like that, even if all the other stuff could be arranged? Prison or lawsuits cannot be that attractive....
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karaokeniagarafalls
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Posted: Mon Sep 19, 2016 8:24 pm |
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Joined: Wed Jul 08, 2015 5:39 am Posts: 1735 Images: 12 Location: Niagara Falls, Ontario Canada Been Liked: 190 times
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I agree, not worth taking over someone elses mistake in hopes to make it better.
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Paradigm Karaoke
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Posted: Mon Sep 19, 2016 11:04 pm |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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so if it doesn't work like that, what about PEP buying Chartbusters trademark?
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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KaraokeIan
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Posted: Tue Sep 20, 2016 5:08 am |
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Joined: Sun Nov 20, 2011 3:04 pm Posts: 486 Been Liked: 99 times
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Paradigm Karaoke wrote: so if it doesn't work like that, what about PEP buying Chartbusters trademark? That's completely different. PEP didn't just assume the rights. They purchased it in a deal. You can buy the rights to a trademark from the owner, but you can't just use it just because it's not being used.
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screamersusa
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Posted: Tue Sep 20, 2016 5:54 am |
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Joined: Tue May 20, 2014 8:49 pm Posts: 300 Been Liked: 50 times
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Attempting to "Claim" a trademark or patent a simple unpatented item will not work out. You have to buy the trademark from the current or former owner or business. Look up the history of the phillips head screw and you will be astonished...good story. Even if you did manage to "Claim" the trademark, the music companies would be able to sue...YOU, as you might assume any former liabilities as well as your own redistribution of the trademarked product without proper licensing. It's a very big hole you'd be throwing money into. If nothing else you would be setting yourself up as feed corn for the lawyers.
_________________ Purple Frog Karaoke Cuz we all feel odd and love to "croak"
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