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Re: Expired or Abandoned Trademarks

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Posted by M. Arthur Auslander on July 25, 2001 at 09:02:45:

In Reply to: Expired or Abandoned Trademarks posted by Stuart Hilger on July 24, 2001 at 15:57:48:

: What is the potential risk of creating reproduction collectables mirroring antique products from living or out-of-business companies with abandoned or expired trademarks. For example, if Ball Jars were no longer an active company and all marks were expired or abandoned, could I reproduce Ball Jars in their orignal form including color, design, name, etc? What should I look for when doing trademark research to determine whether an older, antique item has lower risk associated with reproduction? Is an abandoned trademark stronger than an expired trademark?

Dear Mr. Hilger,

It is not that complex. The greated danger is copyright infringement, and that doesn't look like a likely problem.

A careful understanding of the law and its impact does not come in a paragraph or two. Without taking any professional responsibility, it looks as if you can safely do what you want to do if you know how to do it.

M. Arthur Auslander

Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
ELAINE's Workshop™
E arly L egal A dvice I s N ot E xpensive™

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Subject: Re: Re: Expired or Abandoned Trademarks

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: : What is the potential risk of creating reproduction collectables mirroring antique products from living or out-of-business companies with abandoned or expired trademarks. For example, if Ball Jars were no longer an active company and all marks were expired or abandoned, could I reproduce Ball Jars in their orignal form including color, design, name, etc? What should I look for when doing trademark research to determine whether an older, antique item has lower risk associated with reproduction? Is an abandoned trademark stronger than an expired trademark? : Dear Mr. Hilger, : It is not that complex. The greated danger is copyright infringement, and that doesn't look like a likely problem. : A careful understanding of the law and its impact does not come in a paragraph or two. Without taking any professional responsibility, it looks as if you can safely do what you want to do if you know how to do it. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop™ : E arly L egal A dvice I s N ot E xpensive™

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Re: Expired or Abandoned Trademarks

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This is the Old Trademark Forum. It is no longer operational.
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