Intellectual property, Patents, Trademarks, Registered Business names, copyright and the like are altogether similar and different at the same time.
Intellectual property is very similar to copyright in that under common law, the originator of any work is immediately granted ownership of any such work. It is IMPLIED under common law principles. In producing "real" laws assigned to protect such rights are generally determined by applying what is known as the Berne 3 step test;
Right of Reproduction: 1. Generally; 2. Possible exceptions; 3. Sound and visual recordings
(1) Authors of literary and artistic works protected by this Convention shall have the exclusive right of authorizing the reproduction of these works, in any manner or form.
(2) It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author.
(3) Any sound or visual recording shall be considered as a reproduction for the purposes of this Convention.
(where Union refers to countries who are in agreement with copyright conventions)
Most countries still apply legal limitations to things such as how long a work is covered by copyright protection. (In Oz for example, written, visual and audio works are protected for a period of 50yrs from publication) After this period, works are considered in the "public domain" though at any point a party or individual can challenge for ownership in the court. This requires that they prove an "active association" with the work.
Trademarks, patents etc are covered by national and international laws and conventions that require the holder of ownership to apply for and meet certain requirements to be granted ownership. This ownership period generally lasts for a specific time period after which the owner no longer has lay of claim. They can of course re-register any interest at anytime prior to the lapsing of the legal protection, thus extending the period of ownership. Keep in mind, any laps of legal protection does not imply any Tom, Dick or Harry can simply take ownership via registration. Specific rules are applicable for a registered mark to "change" hands...GC was found to have not met those requirements and thus lost the right of ownership to the "Simmon's" brand...at least in the UK at this point.
Interesting to note, China is not a signatory to international conventions regarding trademark and patent law, thus they do what they do with total impunity. Trademarks, patents etc are only as protective as the holders pockets are deep. It is the responsibility of the legal owner to take infringers to court..this costs big bucks.
Now...I'm wondering why I just wrote all this blurb...lol
--- In Simmons_Drums@yahoogroups.com, "simmonssds7fan" <ptmetcalf@...> wrote:
>
> As I said, I'm not trying to cause issues, just pointing out the possible legal problems associated with. It seems that you've thought of every angle on this, so hopefully we will all be ok.
>
> Now with that said, can you put me down for 2?
>
> ~Paul
>