[ The Intellectual Property Law Server ]
[ Follow Ups ] [ Post Followup ] [ Copyright Forum ] [ FAQ ]
Posted by M. Arthur Auslander on October 12, 1999 at 04:54:17:
In Reply to: software posted by Byron Hooppaw on October 11, 1999 at 15:33:07:
: If a company has a trademark on a particular software and you develop ways to use the characters in some other format (nonsoftware) how can you "sell" your idea without losing control of your idea to the company that owns the trademark or copyright?
: Thanks Byron
You must get to the essentials. The trademark protects the name identification of the product. A copyright and/or a patent protect software. If you use the idea in the software without copying the code you are home free of copyright if there is no patent infringment. Your product cannot use a trademark that is likely to be confused with the trademark of another. That does not stop you from putting your product on the market, is all else if ok. You can even make plain language reference to the trademarked product in press releases and even in advertising that is not trademark infringement. Care must be exercised not to engage in unfair competition. Your really have to know what you are doing. You may need a competant lawyer. Lawyers are to clients like women are to men. You can't live with them but you can't live without them. I charge a modest fee for a Reality Check.
M. Arthur Auslander
E arly L egal A dvice I s N ot E xpensive
ELAINE's Workshop (sm):
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, firstname.lastname@example.org
Post a Followup