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Re: Re: Re: Can Fish be Trademarked?[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by M. Arthur Auslander on June 18, 2001 at 05:45:27: In Reply to: Re: Re: Can Fish be Trademarked? posted by Renee on June 16, 2001 at 16:34:50: : I'll try to explain it clearer. I deal with Bettas and they come in all shapes and colors. : 1)What I want to know is, if someone can take a color combination of the Betta (for example: red, white and blue) and call the fish a Patriot (which in Betta talk would be a strain name) and then say this color combination is called a Patriot and is a trademark and no one else can use it? Even though the breeder of the so-called Patriot Betta turns around and sells you the fish. : 2)Can someone trademark a color combination of a fish? Because I heard a fish cannot be trademark since they didn't invent the fish, they only bred them. : 3)If yes, can you use the name if you have one of their Patriots? Dear Renee, It sounds like you are on the edge of trouble. There is a danger to you were I to make a suggestion. Even if it were correct, it might not save you from being sued, even if you win. I like to look for workable soutions, not go into the teeth of the gale, if there are better ways. It is unlikely that you can work out a safe solution in these paragraphs on the web. M. Arthur Auslander
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