POV-Ray : Newsgroups : povray.general : License Violation: 3D Render Studio 2000 : Re: Re:USPTO tm for Wingear (2) -> License Violation: 3D Render Studio 2000 Server Time
7 Aug 2024 23:17:46 EDT (-0400)
  Re: Re:USPTO tm for Wingear (2) -> License Violation: 3D Render Studio 2000  
From: pan
Date: 15 Aug 2001 15:51:14
Message: <3b7ad2b2$1@news.povray.org>
"Chris Cason" <newsadmin@-despam-povray.org> wrote in message
news:3b7a7530@news.povray.org...
> > at www.uspto.gov there are two Wingear listings - one live and one dead.
>
> yes, it's fair to say I didn't search for those, only for ones owned by
> a company called 'WinGear', or the '3d Render Studio 2000' mark.
>

TESS searches in a case insensitive manner and produces results whether it's
a word mark or other. I.E., 'WinGear' == 'wingear' as far as TESS cares.

> It's possible (under trademark law) for Wingear Publishing to call themselves
> this without violating the WinGear trademark, provided that they are in a
> different industry. Whether they are or aren't depends on whether WinGear
> claim to be a software company or a CD-ROM compilation maker ...
>

Yes -searching other countries trademark databases (if they exist and are
publically accessible) would be good, but if they claima U.S. tm they will
be reachable through TESS regardless of whether multiple tm for different
categories have been issued. The catergory is part of the records I posted.
You can search at TESS and find examples of multiple registrations for
identical marks in different categories.

> Note that they do not claim a mark on the word 'WinGear' itself, only on the
> 'WinGear Logo' and '3d Render Studio 2000'.
>

In that case then there does not exist a U.S. tm for a WinGear Logo or the
3d Render Studio 200. Might be foreign registry or might not be trademarked
at all.

Some social engineering might be called for at this point - call one of the many
many current distributors of WinGear CDs and ask after the source. The CDs
come from someone, somewhere. With the large number of distributors there
might be one willing to share where they come from.

"Go to the taxi stand at the corner whereby the large red bearded man waits
holding
a turquoise bumbershoot. Ask him about high tide in Singapore and why Mrs.
Birtuple
slew the cocky robin."


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