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Xref: sserve comp.unix.bsd:5111 comp.os.mach:2151 misc.int-property:526 Path: sserve!manuel!munnari.oz.au!spool.mu.edu!yale.edu!jvnc.net!darwin.sura.net!zaphod.mps.ohio-state.edu!sdd.hp.com!elroy.jpl.nasa.gov!ames!sun-barr!news2me.ebay.sun.com!exodus.Eng.Sun.COM!sun!amdahl!JUTS!news 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.