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I was wearing my Cafe Press OW t-shirt yesterday and got to thinking. Should the sculpture and Windstone name had a (TM) or (R)??
Would someone be able to try and steal the name?? I KNOW there is a Windstone Golf Course I used to get it all the time when I was trying to search for this sight before I had you in my favoritesDragon Master wrote:I was wearing my Cafe Press OW t-shirt yesterday and got to thinking. Should the sculpture and Windstone name had a (TM) or (R)??
Would someone be able to try and steal the name?? I KNOW there is a Windstone Golf Course I used to get it all the time when I was trying to search for this sight before I had you in my favoritesI asked John that and he said “It doesn’t?” I am not sure if that is an answer or not.
He didn’t sound concerned that our name doesn’t always have the “R” after it though, so maybe it isn’t a big deal once something is in general use.
I was instructed to put the “tm” after Poad(tm) ( I hate doing that!) because you need to do that when something is newly put out in the world, to establish the name as yours. After it is in common use, it isn’t necessary to do it. That is what Allen, our lawyer, said.When I started making the Cafepress stuff, I looked at all the official places the Windstone name appears… the online site, the forum, the catalogs (printed and online), the felt pads… I didn’t see the ™ or ® (I’m not sure which would apply) anywhere, so I didn’t include it in the merchandise. The Logo Bug that you guys sent me for official use didn’t have it either. If it needs to be changed let me know, but it’ll take me weeks to do!
Volunteer mod- I'm here to help! Email me for the best response: nambroth at gmail.com
My art: featherdust.comI hope it did not cause trouble I was just worried. People steal art work all the time. I’d HATE to see unofficial Windstone shirts on the black market
Jennifer wrote:When I started making the Cafepress stuff, I looked at all the official places the Windstone name appears… the online site, the forum, the catalogs (printed and online), the felt pads… I didn’t see the ™ or ® (I’m not sure which would apply) anywhere, so I didn’t include it in the merchandise. The Logo Bug that you guys sent me for official use didn’t have it either. If it needs to be changed let me know, but it’ll take me weeks to do!
My understanding ( Allen Harris ,our lawyer told me this, but I am not a legal expert!) is that a name doesn’t need that mark if it is common knowledge that it is an established company’s name.
The fact that there is a golf course called Windstone, isn’t an issue because it is a totaly different business and can’t be confused. The Windstone publishing company however, could be a problem if we publish , say , comics under the name Windstone. We probably can’t do that. That is also why we are “Windstone Editions”, not just Windstone.Dragon Master wrote:I hope it did not cause trouble I was just worried. People steal art work all the time. I’d HATE to see unofficial Windstone shirts on the black market
Ah, but sadly, people will rip things off even if they had the trademark symbol. If everyone everywhere honored rights then we’d never see things like fake and knock-off Windstones at all. It makes it no less illegal and if it happens Windstone will peruse them just the same.
I hate to see my work stolen too- and I put copyrights in clear text on each piece, but that does not deter people any. If someone wants to counterfeit something they will regardless of copyright or trademarks. 🙁
Volunteer mod- I'm here to help! Email me for the best response: nambroth at gmail.com
My art: featherdust.com
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