> 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.

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 ...

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

-- Chris

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