Originally posted by Martin Turner:
**Quote: The term 'EV Nova' in and of itself is a trademark of Ambrosia. Using that term, (whether explicit or implied), on a third party product would first require the written approval of Ambrosia.
No, I'm afraid this is incorrect.
For a full discussion, see http://www.intellect...operty.gov.uk/.
This is a UK site, but the agreements are international, and the site links appropriately to the various international bodies.
Ownership of a trademark does not prevent someone else from discussing your product by its name, or from claiming that their product is compatible with your product.
What it does prevent someone from doing is passing off their product as your product, or claiming endorsement or association, or trying to selling identical services using your trademark or one sufficiently similar to cause confusion to the public.
In fact, Apple itself is in trouble now because an earlier agreement with Apple (the company formed by the Beatles) stated that Apple (computer) would not provide music services, and Apple (music) are now claiming that Apple (computer) are doing just that with the iTunes site. In this case, the issue is one of pre-existing contract which is more enforceable than Trademark, however, the principle is the same: selling of identical services (ie, music distribution) using a pre-registered trademark.
Infringement of trademark is not dependent on remuneration the Star Wars plugins are technically illegal, but Lucasfilms have not pursued them very hard. On the other hand, early Star Trek plugins had to be pulled because the owners of the Star Trek franchise complained - even though no money was changing hands.
It would be acceptable to commercially market your plugin shrink-wrapped on supermarket shares for $300, provided that you did not explicitly or implicitly make the claim that your product was endorsed by Ambrosia or an official accompaniment to EV Nova. If you decided to include a copy of Nova in your package, you would have to make it very clear that additional monies were payable to Ambrosia, that by buying your software the purchaser was not purchasing a copy of Nova, and that the Nova software was included for convenience only. Even then, you would need to check the Nova licence carefully.
Having been professionally on both sides of TradeMark disputes, I would humbly suggest that it's worth checking the law carefully before posting advice about it on these boards and even then you can still be wrong.
Um, does that mean stuff like nonprofit fanfiction is technically illegal? I hope not.
Also, I hope FH2 is freeware. But I'll probably download/buy it anyways.
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