Re: Copyrighting an Audio Trademark

["'A. Joseph Ross'" <lawyer@world.std.com>]

On Thu, 5 Jun 1997, Bill Piacentini wrote:

> Can't WJIB use another ship's bell (not the USS Constitution) that just
> functions as a ship's bell does? Can anyone distinguish the ship's bell on
> Old Ironsides from any other ship's bell?

It depends on whether it =sounds= the same, not which actual bell is used.

> Does the BBC have a trademark on Big Ben chiming out the time on the hour?
> Couldn't one use the bell from the Old Belfry in Lexington, for example,
> without the BBC suing that entity?

I don't know whether the BBC has a trademark on Big Ben chiming out the
time.  But, assuming they do, and assuming British trademark law works the
same as American (not necessarily a valid assumption), then it would,
again, depend on whether the bell =sounded= the same or close enough to
be hard to distinguish, not on what bell was used.

> Let's say we buy a station; apply for WWEL calls; they're granted; we have
> someone record: "Here ye, here ye, it's [insert hour] o'clock, and all is
> W-W-E-L (couldn't help myself!)," preceded and followed by the customary
> town crier bell ringing. You mean we could audio trademark the bell ringing;
> go off the air; have the calls WWEL asked for and assigned by the FCC to
> Jose Enterprises, for example; and Jose Ent. can use the WWEL calls, but
> can't use the Town Crier's bell and/or words?

I've always thought that once the former user of the mark stops using it,
anyone else can use it.  But Bob says it has to be out of use for ten
years.  I've never heard of that, but I assume Bob has lawyers who are
more expert in that particular field than I am.

> Aren't the copyright laws strange?

This is trademark law, not copyright law.


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  A. Joseph Ross, J.D.                                          617/367-0468
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