Re: Trademark of EMDE

[P3D dalia miller <dddalia@xxxxxxxxx>]

This is a response to Dennis Sherwood's posting (reprinted below)  about his
trademark for EMDE.  I don't wish to start a legal dialogue, since this is
not the appropriate forum.  HOWEVER, as it relates to photo-3d, I feel that
it is appropriate that the members have the following understanding as
explained to me by an intellectual properties attorney...

EMDE trademark is registered, but invalid. Any party may send in
registration forms and fees for any product or service, real or imaginary.
To receive protection against infringement and misuse of the mark, the
registration must be valid.  EMDE did not comply with the pre-registration
requirements in order to possess a valid registration, therefore EMDE is
without any ability to enforce those rights under trademark protection.  

Therefore, photo-3d members may use the EMDE brandname in their postings and
DO NOT have to understand that it is a trademark.

Dalia Miller

Dennis Sherwoods'  posting: 
>You are correct that patent protection for EMDE stereo compondents has  
>expired.  However, you are wrong about the current trademark status of  
>the EMDE name.  It has been renewed by me.  Now for some legalese (one 
>time posting, so please bear with me): For your information, please be 
>aware that the EMDE trademark (name and design), No. 1,524,311, is
>federally regristered to me for a term of twenty years commencing from
>14 February 1989.  Federal law requires trademark holders to publicly 
>indicate this status, and to protest all instances of unauthorized or 
>improper usage.  P3D list members may use the EMDE brandname in their 
>postings provided they understand it is a trademark, and use it only as a 
>way to identify EMDE products.  Commerical use is not granted.  
>Dennis Sherwood
>
>
>


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