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But once it makes it into a wide enough distribution (wether for profit or not) it calls their attention to it, and they need to nip it in the bud, or consent is implied for future breeches?
 
But once it makes it into a wide enough distribution (wether for profit or not) it calls their attention to it, and they need to nip it in the bud, or consent is implied for future breeches?

Again, this would be true of trademark, which requires an affirmative defense, but not of copyright, which doesn't. Trademark gives the owner much more control and protection, and does not expire as copyright (eventually) does, and therefore the law puts more of s burden of protecting in on the owner than is the case with copyright.

Regards,

Joe
 
More of a burden is on trademark owners, true, but it doesn't absolve copyright owners of all responsibility in such cases. If you can prove that a copyright owner knowingly abandoned their rights (by allowing an infringer to proceed unchecked), it will affect your settlement, and also quite possibly the judgement itself. Depends on the judge, of course.
 
I just think it's a little sad that we are heading towards a society that values the letter of the law much higher than the spirit of the law.

I remember Claudia Christian once commented that Paramount once tried to sue the US Navy over their use of the name USS Enterprise.

You've got to admit that is pretty sad!
 
Did Star Trek use Enterprise prior to the Navy?

I thought the Navy had used it prior, and Star Trek used it to make their Flag Shipseem like a natural progression?
 
Did Star Trek use Enterprise prior to the Navy?

I thought the Navy had used it prior, and Star Trek used it to make their Flag Shipseem like a natural progression?

The first ship to be named Enterprise was a part of the Continental Navy of the United States and was captured from the British on May 18, 1775. The last ship to be named USS Enterprise (CVN 65) was commissioned November 25, 1961. In all eight US Navy ships have had the name Enterprise.
 
Did Star Trek use Enterprise prior to the Navy?

I thought the Navy had used it prior, and Star Trek used it to make their Flag Shipseem like a natural progression?

The first ship to be named Enterprise was a part of the Continental Navy of the United States and was captured from the British on May 18, 1775. The last ship to be named USS Enterprise (CVN 65) was commissioned November 25, 1961. In all eight US Navy ships have had the name Enterprise.
That was the first American Enterprise.As the link above shows both the French and British had ships named Enterprise before 1775.
 
I remember Claudia Christian once commented that Paramount once tried to sue the US Navy over their use of the name USS Enterprise.

That has got to be an urban legend. There have been military ships named "Enterprise" for centuries.
 
id just like to thank everyone for the help they've given and apologise for any ofence caused
 

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