Al Beatty 0 Report post Posted March 7, 2005 Hi group, I'm looking for thoughts from any of you in the legal profession. We recently submitted a manuscript on rotary fly tying to a publisher. Today, we learned one of the rotary vise manufacturers IS or IS PLANNING to copywrite the words "true rotary." This particular company has sued over other "infringements" on this ideas. I've been using that term for more than 15 years and it is scattered throughout the upcoming book. Do I need to retrieve the book from the editor and do a quick re-write to remove said words? It wouldn't take much to do so - probably more time spent mailing the manuscript back and forth than the actual re-write. Any of you lawyers have any ideas? Thanks in advance for any comments. Sorry if this is the wrong part of the forum for this question (Will, please remove/move if it is). Take care & ... Tight Lines - Al Beatty www.btsflyfishing.com Quote Share this post Link to post Share on other sites
ggmiller 0 Report post Posted March 7, 2005 Al: While not a legal type, I would notify the publisher ASAP, explain the situation to them and let their legal eagles decide. Have fun, George Quote Share this post Link to post Share on other sites
Joe Hard 0 Report post Posted March 7, 2005 Check with the copyrights and see if it is in "legal use" if it is not proceed with the book. I dont think there is any legal action they can take. Quote Share this post Link to post Share on other sites
mcfly 0 Report post Posted March 7, 2005 QUOTE IS PLANNING Sounds to me like it really doesn't matter since they haven't done anything with it yet. Quote Share this post Link to post Share on other sites
Brewer 0 Report post Posted March 7, 2005 can you copyright words ???, i mean, i have a vise, it rotates, and its not bent, yet! Quote Share this post Link to post Share on other sites
Essoxfly 0 Report post Posted March 8, 2005 I would call the manuscript back and change it. Some time from now when people read it, they could get the idea that it is a commercial they just purchased. Or maybe they think that this speciffic True rotary vice is the only thing worth buying. You made made a great recomendation of it and didn't get a penny for it? Good luck with the manus, Jakob Quote Share this post Link to post Share on other sites
sparkleminnow 0 Report post Posted March 8, 2005 I know the company to which you refer. I've heard about this for a few years, now. I don't think they can sue Mazda for have a "True Rotary" engine, so....Anyway, I think that as long as you are referring to recommending a "True Rotary" vise as the best option to tie with that it would only help them, not hurt them. It might be an idea to contact them directly, and tell them what you are planning to do. You might be given written permission to go forward with what you are planning without any trouble. If not, then you are that much farther ahead at knowing that they intend to try to stop you. Better to find out before hand if they do plan to take leagal action. Quote Share this post Link to post Share on other sites
Guest Report post Posted March 8, 2005 Since your book looks like it will predate any thing they do, and if you have other writings using the the term "true rotary" previous to the upcoming publication, the truth is they don't have ANY legal leg to stand on. Trying to copyright a term already in common usage is not supposed to be allowed. This c*** is one reason I'll never own a R*******. They are just ridiculous. The problem is that they could tie you up in court...they'll lose but it might cost a lot in the long run before they end up having to pay for your court costs. Mark Delaney P.S. I used to work in the area of Ziegleer-Natta catalysts...you want to get confuesed try reading a few of those patents....they all look the same. MSD Quote Share this post Link to post Share on other sites
Graham 0 Report post Posted March 8, 2005 Hi Al, I just did a search, looks like Renzetti has a copyright to the term "true rotary" US patent and trademark search www.uspto.gov is the site to search for Trademarks and Copyrights. I own the rights to the words "Go Solar". But you can look into more specifics regarding the copyright. For example my copyright is a commonly used slogan within the industry I work in, but if anyone tries to start a "mail order" business with my copyright I have legal recourse. Graham Quote Share this post Link to post Share on other sites
Guest Report post Posted March 8, 2005 I would actually talk to a Lawyer about it (unless there is a copyright lawyer on the board). I'd actually deal with one who knows the ins and outs of it. I know there are alot of things that are allowed. Especially if you had your books in the works before they did the trademark. They could be infringing on YOUR rights. I do believe to take ownership, they must not infringe on someone elses works before hand. I remember a case where something like this happened. I'm no lawyer, so I would say talk to one who specializes in it. I think that with the book being in the works for quite awhile, I doubt "the company" would have a leg to stand on. I believe their trademark only holds water if someone "touts" their vise as "True Rotary". You talking about a "true rotary" would not be the same. Personally, the company that's involved, I myself would pull and edit JUST so they won't get any extra publicity from it. Chem, I'm with you 100%. I won't buy their products either, nor will I endorse them in anyway. I've had dealings with them, and won't ever buy another product of theirs. After some of the stuff "that company" did with other "infringements", I don't want anything to do with them. Quote Share this post Link to post Share on other sites
Graham 0 Report post Posted March 8, 2005 I agree with SH69, but getting lawyers involves gets expensive, especially their time searching for prior usage. The patent office spends about a year or two searching for terms before granting a Federal copyright. It took 18 months for mine to be approved. Typically it is when a copyrighted term is used in commerce, (to make a buck), that infringement becomes an issue. I would probably change the term to either; accurate revolving or true gyratory and forget the lawyers. Graham Quote Share this post Link to post Share on other sites
Graham 0 Report post Posted March 8, 2005 Word Mark TRUE ROTARY Goods and Services IC 008. US 023 028 044. G & S: fly tying vises. FIRST USE: 19900000. FIRST USE IN COMMERCE: 19900000 Mark Drawing Code (1) TYPED DRAWING Serial Number 75519221 Filing Date July 15, 1998 Current Filing Basis 1A Original Filing Basis 1A Published for Opposition January 1, 2002 Registration Number 2551441 Registration Date March 26, 2002 Owner (REGISTRANT) RENZETTI, INC. CORPORATION PENNSYLVANIA 6080 Grissom Parkway Titusville FLORIDA 32780 Attorney of Record EUGENE E RENZ JR Type of Mark TRADEMARK Register PRINCIPAL-2(F) Live/Dead Indicator LIVE Quote Share this post Link to post Share on other sites
Guest Report post Posted March 8, 2005 I deal with copyright issues quite a bit in my job and the easiest thing for you to do is ask permission from Renzetti. Expain to them that the book does noe endorse any particular vise and that the book might even generate sales for them. Tell them you will acknowledge their cooperation in the book. I don't see them making a big deal out of it. Quote Share this post Link to post Share on other sites
Sean Juan 0 Report post Posted March 8, 2005 I didn't know you can copyright words - this is great news. I'm rushing out to copyright "We need to talk" "Does this make me look fat" "You go fishing all the time" and "Not tonight I have a headache" and then whenever my wife utters said phrases I'll sue her for copyright infringement and send her to jail for a month. Quote Share this post Link to post Share on other sites
JeremyH 0 Report post Posted March 8, 2005 When you sue for infingement Sean she'll just take the the money from YOU. . .THERE IS NO WAY OUT Quote Share this post Link to post Share on other sites
