Re: Trademark of EMDE

[P3D emdesher <emdesher@xxxxxxxxxxxxxxxxxxxx>]

On Wed, 20 Nov 1996, P3D dalia miller wrote:

> 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
> >
> >
> >
> 
> 
Dalia, you have presented this same argument to me before and you are 
simply incorrect.  The federal trademark office does not arbitrarily 
grant a registration just because you sent in the proper fees and 
forms.  I understand what you think is the law concerning the history of 
the EMDE trademark, but for you to concede that a trademark is 
registered but not valid in a contradiction in terms.  All of the 
trademark office's requirements for issuing a trademark were examined by 
that office and met.  My sole intention for the earlier posting was to grant 
P3D the right to use the EMDE trademark in their postings, while 
preserving all my legal rights to the name.  I now see that the posting was 
indeed necessary.  Dennis Sherwood


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