*BSD News Article 5063


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From: tjc50@juts.ccc.amdahl.com (Terry Carroll)
Newsgroups: comp.unix.bsd,comp.os.mach,misc.int-property,alt.suit.att-bsdi
Subject: AT&T "DeathStar" Trademark (was: Are you sure UNIX is a trade mark?)
Message-ID: <05h702Px22VG01@JUTS.ccc.amdahl.com>
Date: 15 Sep 92 16:22:45 GMT
References: <4093@novavax.UUCP>
Sender: netnews@ccc.amdahl.com
Reply-To: tjc50@juts.ccc.amdahl.com (Terry Carroll)
Organization: Amdahl Corporation
Lines: 27

In article <4093@novavax.UUCP>, burtond@novavax.UUCP (Donald B. Burton) 
writes:
> actually, i have heard of this
> purely as a rumor--the death-star <well thats what i call it> symbol
> you know, the orb made with line-art so often seen with at&t logos
> was once untm-ed and un <c>-ed.  then some joe-schmoo noticed and
> copyrighted it before the execs at at&t realized.  at&t had to
> pay him $$$ to buy it back/pay royalt etc. 

I very much doubt this.

It couldn't be copyrighted, because to be copyrighted, a work must be 
original with the author seeking copyright, and that's not the case here.  
Worst case is that AT&T didn't copyright the artwork, so it was public 
domain, so others could use it, but they certainly couldn't copyright it 
themselves and prevent AT&T from using it, because you can always use 
something in the public domain.

On trademarks, a trademark is only registerable if it is used, or there is a 
bona-fide intent to use, the trademark in commerce.  Unless Joe Schmoo was 
actually using it, or had a bona fide intent to use it (and considering the 
circumstances here, that's be a tough showing), he couldn't register it as a 
trademark.  Even so, it could continue to be used as a common law trademark 
in areas where it had been used by AT&T -- and that's nationwide.

Terry Carroll - tjc50@juts.ccc.amdahl.com - 408/992-2152
The opinions presented above are not necessarily those of a sound mind.