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Re: DINOSAUR digest 554



Randy asks:

>Yet if we purchase a trademarked item, we can still use the trademarked
>name.  If the name only applies to the dinosaur, it should still apply
>shouldn't it?  Or would it apply to ANY dinosaur found by someone in
>particular?

That's the "fair use" provision, and the details of the way it might apply
to this case are completely over my head; I shan't pretend otherwise :-)

It seems pretty clear that there is no straight answer, or that if there is
a straight answer it favors the Black Hills Institute . . . otherwise the
Field would not be looking for a new name.

It may very well make a legal difference that the fossil was confiscated by
court action. I expect the court did not mention the trademark at all in
its decision.

 Steve Jackson - yes, of SJ Games - yes, we won the Secret Service case
  Learn Web or die - http://www.sjgames.com/ - dinosaurs, Lego, Kahlua!
          The heck with PGP keys; finger for Geek Code. Fnord.