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Dumb legal question?

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Ok i was just watching auto week on speedvision and they mentioned how the new VW Taureg has a suspension leveling system that they call the "skyhook".........Dont Vector III rigs have that and it is trade marked?

Ok yeah they are different devises but I thought the name skyhook would be trade marked also?

Sorry if this is dumb......:P

Joe
For long as you live and high you fly and smiles you'll give and tears you'll cry and all that you touch and all that you see is all your life will ever be.
Pedro Offers you his Protection.

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yeah! When you get a flat you pull the red pillow on the dash and boom off comes the tire and on goes the spare...no stopping needed...;)

Joe
For long as you live and high you fly and smiles you'll give and tears you'll cry and all that you touch and all that you see is all your life will ever be.
Pedro Offers you his Protection.

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i seriously doubt that is a copy right violation. Unless the title itself is copywritten. If in that case then VW would just have to pay vector a sum of money to use the name.
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Fear is not a confession of weakness, it is an oportunity for courage.

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I think that owning a trade mark doesn't prevent the word or words from being used in other contexts, only in similar contexts. So I think that both Booth and VW can own the trademark for their purposes. Otherwise, the language would be consumed by trademarks.

-- Jeff
My Skydiving History

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i once sent a young apprentice to the stores for a skyhook and a 'long weight'. Storeman made him stand there for 15 mins, then said 'youve had your long wait, go back and tell your boss we have no skyhooks, but we have some bubbles for spirit levels if he wants one... :)


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If the shit fits - wear it (blues brothers)--

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I have some "small" experience with copyrights. One of the terms of a copyright is that others cannot use it in the same context. For example, Javelin couldn't releast a new RSL or anything like it called the Skyhook. But if Toys R Us wants to come out with a toy called the Skyhook, they can do it. It just needs to be passed through the....I can't remember the org that regulates copyrights right now. Anyways, thats about the extent of my knowledge. The other thing is that getting a copyright isnt easy to do, it's possible that Vector doesn't have the name copyrighted yet. Finally, if another company "infringes" on your copyright, you have to prove it.

.-.

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yeah I figured it meant nothing but it made me curious.....:)
Thanks to whoever moved this to the right place.:)
Joe
For long as you live and high you fly and smiles you'll give and tears you'll cry and all that you touch and all that you see is all your life will ever be.
Pedro Offers you his Protection.

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Quote

Ok i was just watching auto week on speedvision and they mentioned how the new VW Taureg has a suspension leveling system that they call the "skyhook".........Dont Vector III rigs have that and it is trade marked?

Ok yeah they are different devises but I thought the name skyhook would be trade marked also?

Sorry if this is dumb......:P

Joe



No, Joe, not dumb at all. Here's why.

Under federal law, (and many state laws) Trademark can be boiled down to a simple concept - likelihood of confusion. Chances are most people won't ever confuse the "skyhook" with the "skyhook."

However, there may also be a claim for "trademark dilution." Under that, if anybody uses the product, whether or not there is a likelihood of confusion, the mark loses it unique attributes. This means that the skydiving "skyhook" may take on two meanings, and the "skyhook" may lose its original power in this industry.

Also, note what type of mark it is. There are different types of "marks." One is a "general" mark. This is like "Puffed wheat" cereal. Or, descriptive, like "Cellophane." There really is no better way to describe it. The highest protection is "arbitrary" - like "Apple Computer." This is the easiest protection.

Here, "Skyhook" is a mid level. It's easier to protect than calling it "Reserve static line." So, there may be a cognizable claim of TM violation.

Good point you made.


My wife is hotter than your wife.

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I thought the skyhook was Dr. J's signature shot. You know: "he dribbles up from the baseline, into the paint, and sinks his signature skyhook one more time!!!"
witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
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So my thoughts were not as foolish as I thought they were........:)
Thanks for the description.B|

Joe
For long as you live and high you fly and smiles you'll give and tears you'll cry and all that you touch and all that you see is all your life will ever be.
Pedro Offers you his Protection.

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OK, so I'm not big on the NBA, and not in sports ancient history. (yes, I'm calling you OLD!) Most sports beyond the collegiate level are boring or worse.
witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
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I might be mistaken here but I believe items are copyrighted and phrases/names/titles are trademarked or maybe it's the other way around but the point is I'm pretty sure there is a difference.


Huh?!? What cloud?!? Oh that!!! That's just Industrial Haze
Alex M.

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There are about a dozen devices called a skyhook out there, from the Skyhook 5 aircraft recovery system to the Skyhook orbital elevator. There are companies named Skyhook that specialize in aerial rescue, cargo transport and wireless antennas. I think it's a little too late to trademark it.

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The "Skyhook" suspension is a product of ZF Sachs, a driveline and chassis technology company in Germany. It is simply a complex computer algorithm that allows the rebound and compression damping of a suspension system to be altered to suit the situation so that movement of the car body is significantly reduced. It is an option on the Maserati Coupe and Cambriocorsa worldwide, and also the Mercedes-Benz E class in Europe (not sure in the US).

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