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Re: Dead people as trademarks[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by M Arthur Auslander on December 22, 2002 at 23:46:59: In Reply to: Dead people as trademarks posted by Randy Scott on December 22, 2002 at 14:34:40: : Hi, I have a small bookbinding business that would like to reproduce some works in the public domain. We have noticed that some authors families have registered trademarks of the authors names and old bool titles and cast like Sherlock Holmes. Should we be concerned with these. The works are over 100 years old and clearly in the public but can we even put the authors name or title on the cover without being in violation of the mark. In the case at hand the mark was established after the authors death. Thanks Dear Mr. Scott, You should be commended for your caution. Although the Register of copyrights asknowledges that al works prior to 1923 are in the public domain, if one is to copy, there must be an assurance as to exactly what you are doing. Trademarks, may be less of a problem but it is like going to the doctor. You don't just pick up the phone and come away healthy. You have to go over each situation carefully to make sure there are no hidden traps. M. Arthur Auslander
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