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[Dan Ullman]

I create web sites for families of closed business, usually many years closed.  A few months ago a client got a C & D letter from the holder of a trademarked name.  This name had been trademarked by the family business but that trademark had expired.   The actual problem went away when we contacted the trademark holder and told them what the site was about.  They kindly included a link to the site from their website.
  But I am curious, what is the law about using a currently trademarked name in a historical context?  For example, say I have a historical web site that uses National Wire, an expired trademark.  Could the current owner of National Wire (if there is one) successful sue for the use of this name in a historical context?

[JSonnabend]

It depends on your use of the mark.  

If you are using the mark in a non-trademark capacity, or to refer to the original mark/branded goods, then your use is likely permitted.  If you are using the mark as a mark to identify current goods other than those of the current mark holder, you may be infringing.  

Also, the facts might work out such that the original mark holder never abandoned his mark (even if use was discontinued for some time), rendering the current mark holder the junior user.

- Jeff

[3dCritter]

Is there a way to check to see if a mark is abandoned? For example, if the mark is  listed as "Abandoned" at the USPTO.

http://www.marklaw.com/trademark-glossary/A-C.htm

"Abandonment of a mark
Abandonment occurs when the trademark owner stops using the mark with no intention to resume using it. Use of a mark in this context means the bona fide use of the mark made in the ordinary course of trade, and not made merely to reserve a right in a mark. Nonuse for three consecutive years is prima facie evidence of abandonment. Furthermore, failure to police and enforce a mark can lead to abandonment if the trademark owner is deemed to have impliedly consented to confusingly similar uses of the mark. If abandonment occurs, all rights in the mark cease. "

[JSonnabend]

Is there a way to check to see if a mark is abandoned? For example, if the mark is  listed as "Abandoned" at the USPTO.

http://www.marklaw.com/trademark-glossary/A-C.htm

"Abandonment of a mark
Abandonment occurs when the trademark owner stops using the mark with no intention to resume using it. Use of a mark in this context means the bona fide use of the mark made in the ordinary course of trade, and not made merely to reserve a right in a mark. Nonuse for three consecutive years is prima facie evidence of abandonment. Furthermore, failure to police and enforce a mark can lead to abandonment if the trademark owner is deemed to have impliedly consented to confusingly similar uses of the mark. If abandonment occurs, all rights in the mark cease. "

Marks are not listed as abandoned at the USPTO site.  Applications may be abandoned, and registrations may effectively be abandoned, but the TM office does not generally rule on whether marks themselves have been abandoned.