Sydney
I've got no love for PPS, but is the OP producing and selling Williams decals without authority from the license holder? That wasn't really made clear in the original post.
Edit: PopBumperPete got in first.
(Topic ID: 173382)
You're currently viewing posts by Pinsider cooked71.
Click here to go back to viewing the entire thread.
Is PPS's lawyer, Mr Tim Fraelich, 
TFraelich (the new user with one post) really going to post on a public forum addressing a job he is currently working on? I can't see the logic.
Quoted from TFraelich:There really is no question that Planetary Pinball licensed its rights to the relevant Williams/Bally intellectual property for a considerable sum and you did not.
Not the kind of language used by any lawyer I've had correspondence from.
I'm no expert, but from my experience that's how trademark law works - at least here in Australia. As a trademark owner, you're fine just sitting on it until someone challenges it (ie. they want to use the same trademark). Then the original owner has to prove they are using it in a meaningful way otherwise they can lose it. It's designed to prevent Trademark hoarding.
Quoted from pinsanity:you need to.....learn to differentiate between......correspondence originating from a solicitor (attorney..) whilst they are on the clock
As opposed to a solicitor that works off the clock? Again, not the sort of solicitor I've ever had experience with.
Quoted from pinsanity:made to give informal notice of intent before the formalities begin.
I don't think there are any formalalities beginning in this case. One party is a very small restorer working in the U.K. and the other is in the US. Unless said solicitor is willing to work "off the clock" for the entire process, I doubt it's worth PPS or Williams pursuing this.
It's all bluff.
IMO of course.
Quoted from iceman44:Abandonment of IP?
"A mark shall be deemed to be “abandoned”. . . when its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for three consecutive years shall be prima facie evidence of abandonment. “Use” of a mark means the bona fide use of such mark made in the ordinary course of trade, and not made merely to reserve a right in a mark.
This means that if a marketer stops using a trademark for three years and has not done anything substantial within that time to reintroduce the trademark into commerce, the trademark becomes abandoned.
After abandonment, all previous “goodwill” and name association that may have existed are gone, and the trademark is available for a new company or entrepreneur to create new goodwill. Its former owner has no legitimate grounds for stopping a new user from adopting its old brand name by asserting that it has residual goodwill."
I think you're referring to Trademark (logos & names for example) which has a non use limitation. This case seems to be more about copyright (artistic assets for example) which has a much longer expiry.
You're currently viewing posts by Pinsider cooked71.
Click here to go back to viewing the entire thread.
Reply
Wanna join the discussion? Please sign in to reply to this topic.
Hey there! Welcome to Pinside!
Donate to PinsideGreat to see you're enjoying Pinside! Did you know Pinside is able to run without any 3rd-party banners or ads, thanks to the support from our visitors? Please consider a donation to Pinside and get anext to your username to show for it! Or better yet, subscribe to Pinside+!
