Re: WJIB's Bells

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

On Mon, 9 Jun 1997, Rob Landry wrote:

> Greater Media...? 
> 
> But it was Emmis that last used them; as far as I know Greater Media never
> did.  How does it happen that Greater Media owns a trademark that they've
> never used?  Have they used it in other markets? 

If the purchase of the station from Emmis included rights to all
trademarks, then Greater Media would be the current claimant to the rights
of Emmis.  But I suspect that use in =this= market is what would count.
Trade mark law is very oriented to usage. 

For example, there was once a science fiction magazine called "Galaxy."
The fact that its name was its trade mark did not stop Ford from having a
car called a "Galaxie" or a cigarette maker from having a cigarette brand
called "Galaxy."  That the Brookline Tenant Union registered its initials
"BTU" as a service mark does not conflict with the Boston Teachers Union
using the same initials.  Nor could the National Broadcasting Corporation
prevent the National Biscuit Company from using the initials "NBC" on its
bread.

Nor does the existence of Apple Computer prevent someone from going into
business as, say, Apple Gardening Products.

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