Re: (erielack) EL DIamond...(copyright problem examples)

[Richard Young <ryoungceo_@_yahoo.com>]

	Mike is correct in what he has stated as far as
trademarks. 

As for the questions in this quote:


> As far as the EL logo is concerned... is there a
copyright on record 
for
it?


The "Copyright" is in effect the instant it is put
into physical form not just a thought out concept,
regaurdless of registering it. You don't have to
register any photos, graphic designs ETC....
registering them only clarifies ownership in the event
of infringment.


> If not seems to me the answer would be to ask
someone there what 
happens
> when a company is dissolved, as far as right to the
logos.
>

That all depends on how the assests were sold,
devided, given away, or dispersed. Regaurdless of
bankruptcy , sale or take over, somewhere, some how
the naming rights, trademarks , coprights and usage
of,  all transfer to someone or are retained,  if not
transferred and a company is disolved and no
provisions are stipulated for transfer of the logos
and trademarks they would pass into public domain. It
is finding out whether or not they were transferred
via sale or given away.

If looked at logically , Conrail , would most likely
take the rights  to all names with the assests mearlly
for the reason of that if they wanted to spin of a
section of railroad as a wholey owned subsidary
shortline with that name they could do so. It is
probebly 9 times out of tem that someone got the
copyrights ,even if it is just for the sake of
bragging about it at the local tavern.

I'de also say that more than half of the corporate
sales and take overs aren't for the companies assests
themselves, but rather for the name branding and
logos. Because the name and brand identity is worth
more than the actual product , equipment and formulas.


The absolute only way to be sure is to do a hell of a
lot of research. 

Rich Young




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