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Re: DINOSAUR digest 554
>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
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
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.