C Tann-Starr's Outside Blog


Trademark Royalties were part of the previous issue...


Trademark Royalties were part of the previous issue...

According to Wikipedia: "Trademarks are words, logos, slogans, sounds, or other distinctive expressions that distinguish the source, origin, or sponsorship of a good or service (in which they are generally known as service marks). Trademarks offer the public a means of identifying and assuring themselves of the quality of the good or service. They may bring consumers a sense of security, integrity, belonging, and a variety of intangible appeals. The value that inures to a trademark in terms of public recognition and acceptance is known as goodwill. A trademark right is an exclusive right to sell or market under that mark within a geographic territory. The rights may be licensed to allow a company other than the owner to sell goods or services under the mark. A company may seek to license a trademark it did not create in order to achieve instant name recognition rather than accepting the cost and risk of entering the market under its own brand that the public does not necessarily know or accept. Licensing a trademark allows the company to take advantage of already-established goodwill and brand identification." http://en.wikipedia.org/wiki/Royalties

Being in the real estate industry I can't imagine Realtors who are listing agents entering contracts with sellers for the exclusive right to sell their homes not getting the fact that firms who manufacture goods have the exclusive right to license, market and sell their products.

Someone left a comment on my blog, then changed their mind, deleting it. I answered him, but now my answer makes no sense because what I was responding to is now gone.

Thus this post to clarify my answer.

YouTube and Netflix or any other streaming process to view is not the problem. People not adhering to the terms of the site usage is the problem.

A hosting firm presented with a client who boldly states they are doing knock offs of a golf club with a unique design containing service and trade marks they appeared to have no license to use (with the host doing nothing about the infringement) is why it stumbled into litigation and eventually jury damages.

The point being whether its a tiny firm like mine trying to protect intellectual and tangible property or a larger firm like the golf club manufacturer, people need to respect the bundled exclusive rights associated with the designed property of others. We own our trade marks, service marks and copyrights. Just because we create something useful doesn't mean it has to be free or stolen if someone doesn't want to pay for it.

Complaining about there being ramifications for getting caught in theft of goods or theft of services amazes me. We have mitigation and we have an appeal process. Most people exhaust the administrative/civil remedies before they start going for criminal charges but how anyone proceeds is up to the people involved...

People should chat with a lawyer when it comes to legal advice... Non lawyers are not the correct venue.

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Comment balloon 5 commentsC Tann-Starr • March 20 2011 02:25AM


If that was meant to "clear things up," it didn't. Your post was apropos of what exactly . . .?

Posted by Sarasota & Manatee Counties FL, QuickFreeMLS.com - Listings In Paradise (SaraMana Properties - QuickFreeMLS.com) over 9 years ago

It is continuing the conversation of the previous issue, which is why there is a link to the previous conversation. You would have to have read the previous post plus comments 1-7.

Posted by C Tann-Starr (Tann Starr & Associates, Inc.) over 9 years ago

I'm thinking registered trademarks are a necessity for online branding, even for REALTORS®. Great post for thought, thanks.

Posted by Pamela Seley, Residential Real Estate Agent serving SW RivCo CA (West Coast Realty Division) over 9 years ago

Carolyn, you hit the nail on the head with protecting 'intellectual property' and the legal rules for that. Great reminder for all us non lawyers out there....

Posted by Gary Woltal, Assoc. Broker Realtor SFR Dallas Ft. Worth (Keller Williams Realty) over 9 years ago

Pamela, people who have proven their brand has been around for a long time sometimes win their cases because of the consistent use. It's complicated and a lawyer can shed light on best practices use issues better than anyone else.

Gary, the recent Google settlement rejection is a perfect reminder of just how complicated copyright violations can be.

Posted by C Tann-Starr (Tann Starr & Associates, Inc.) over 9 years ago

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