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Re: Re: Re: Re: Re: Re: Re: Trademarking very old terms...


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Posted by M Arthur Auslander on November 19, 2002 at 01:19:57:

In Reply to: Re: Re: Re: Re: Re: Re: Trademarking very old terms... posted by Jason Yearry on November 18, 2002 at 00:28:01:

: : : Thank you both for answering my question. I don't believe there would be that much confusion since what I'm doing is essentially a ressurection of a very ancient (but somewhat obscure in terms of its name) spiritual festival, with some entertainment value but mostly religious overtones, while the name is also in use by a internationally known theme park. I am currently working with their lawyer in hopes of convincing her to let me use the name, since I do not believe it would dilute their brand in the sense that my target audience is more of a spiritual nature. She may consider that while her brand may not be diluted, the fact that we're both targeting tourists may factor in. I'm hoping it does not. As far as resources, I could have ten million dollars and they could afford to bankrupt me in court. I definitely wouldn't challenge it that way. They have more money than God. LOL. I'm hoping that negotiations bring me the use of the name since it is far more appropriate for what I'm doing, than for what they're doing since I have centuries of history behind me.

: : : Thanks again!

: : : Christian

: : Dears Christian,
: : I stongly suspect that, you might have been able to operate without getting involved with the other organization. E arly L egal A dvice I s N ot E xpensive™ ELAINE's Workshop®. A Reality Check® might have solved the problem.

: : 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™
: : Reality Check®

: Dear Christian,

: You're welcome, good luck with your attempt, I hope that other company isn't Disney :)

Dear Mr. Yearray,

If at once you don't suceed, try try again.

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™
Reality Check®





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