1
Trademark Forum / Re: US Marines globe, anchor, and eagle design.
« on: 04-24-12 at 11:57 pm »
Hi,
Sorry for the late reply. The forums were down for an extended period.
It seems to me that the USMC is saying the design is a trademark because if it was a copyright it would have entered the public domain. They appear to be using semantics to protect their rights to the image long after they would have normally disappeared if it was strictly a copyright.
What would stop a descendent of Van Gogh to say that Starry Night is their company trademark and not (or in addition to) a copyrightable image, therefore that artwork is not part of the public domain despite it being 100+ years old?
Thanks
Sorry for the late reply. The forums were down for an extended period.
It seems to me that the USMC is saying the design is a trademark because if it was a copyright it would have entered the public domain. They appear to be using semantics to protect their rights to the image long after they would have normally disappeared if it was strictly a copyright.
What would stop a descendent of Van Gogh to say that Starry Night is their company trademark and not (or in addition to) a copyrightable image, therefore that artwork is not part of the public domain despite it being 100+ years old?
Thanks
