OT: trademark question

VMP wrote on 11/8/2004, 3:06 AM
Hi,
I made a custom surround sound logo named, VMP Digital Surround (HSX)
( Instead of sending my projects to Dolby every time to get the Logo license)
HSX Just because it sounds cool, and it could mean something like HD Sound extreme or something.

But when I did a search for HSX I got many results and links named HSX.
And even HSX.com, it seems that HSX also stands for 'Hollywood Stock Exchange'. so could that mean that HSX is registerd trademark?
But my HSX is just a short for something else, so can they actually register something short like that? I hope not :-)
here you can view my logo.

http://www.v-mp.com/Files/VMP_D.S.HSX.JPG

Thanks for any reply.

Comments

Spot|DSE wrote on 11/8/2004, 7:54 AM
Ask a lawyer. likely tho, if it's like anything else, it's merely a set of initials pointing to a trademarked name. And if that's the case, the name is trademarked to it's trade. Which means you could use it. Because your trade/product is different than what it's pointed to. Kinda like Trump and "You're Fired" vs the ceramics lady who trademarked the same phrase.
johnmeyer wrote on 11/8/2004, 11:29 AM
When you do a trademark search, you will almost always find that the mark has already been registered by someone. Sometimes dozens of times. When we started Ventura Software years ago and did a trademark search, I think "Ventura" was trademarked by over 100 companies. However, none of them did anything remotely similar to what we were going to do, and our lawyers advised us to go ahead and file for the trademark.

In general, if customers aren't going to become confused between your company and another company, or your product and another product, then you are likely OK.

That said, in this day and age, almost anyone can sue with virtually no justification, so there is no "sure thing."
VMP wrote on 11/8/2004, 2:08 PM
Thanks for the replies!
nickle wrote on 11/8/2004, 7:35 PM
Yahoo just went after a local hairdresser here for using the Yahoo name saying it diluted their value.
Vancouver is hosting the 2010 Olympics and everyone in the city using 2010, Olympic, Olympia or displaying the 5 rings or a torch is being forced to take it down.
A local restaraunt "Olympia Pizza" has been displaying the torch and rings for 25 years and has to take it down. And the Olympics are 6 years away.
All this is because the Olympic committee has to raise $500 million dollars by selling the name and logos.
wcoxe1 wrote on 11/8/2004, 9:33 PM
In the case of the International Olympic Committee and their Registered Trademark, I am not at all surprised that they are making a fuss.

However there are other uses for the word Olympic, and they have been allowed after litigation to prove that they were using the word to mean something else. After all, they don't have a COMPLETE lock on the word and all its derivations.

See Olympus Opticals camera and instruments business, for instance. The word comes from Mount Olympus, hence, the games held there were called Olympic games.

It all comes down to how much do you want to spend to defend your usage. Not everything dealing with Olympus is talking about games.
Spot|DSE wrote on 11/8/2004, 10:12 PM
During the Oly's here in SLC, they tried all that, we even have a mountain named Olympus. Most every business told them to screw themselves. SLC County went to bat for several, and won.
VMP wrote on 11/9/2004, 6:25 AM
> During the Oly's here in SLC, they tried all that, we even have a mountain named Olympus. Most every business told them to screw themselves. SLC County went to bat for several, and won.<

So 'Just Do it" I guess ey? ;-)) oops!! that's a 'Nike' trademark! what have I done?! ; - )) thanks for the replies.
Former user wrote on 11/9/2004, 8:06 AM
It seems to me that a bigger issue is you are using a Dolby Trademarked patented surround sound mix and calling it something else to avoid a logo challenge. Is that right?

Dave T2
VMP wrote on 11/9/2004, 8:10 AM
>>It seems to me that a bigger issue is you are using a Dolby Trademarked patented surround sound mix and calling it something else to avoid a logo challenge. Is that right?<<

Yes that's correct.
Former user wrote on 11/9/2004, 8:14 AM
Okay, :)
VMP wrote on 11/9/2004, 8:16 AM
Well actually, I am refering to the 'Mix' rather than the decoder/encoder system at this point.
I guess that every one uses, their own way of mixing/editing.

But yes the decoder encoder is from dolby.
VMP wrote on 11/9/2004, 8:30 AM
Maybe I should just call it, VMP Surround mix instead ;-))
Former user wrote on 11/9/2004, 8:43 AM
Yeah, when you use the Dolby logo, you are not referring to the mix. You are referring to the technology that is used to encode the mix so you can have this type 5.1 surround. The only reason to use the Dolby logo is to indicate a standard that is used for the audio, thus implying a better quality product and compability with consumer systems. This goes for the DVD logo as well. That is a trademarked symbol, and from what I understand, you must qualify your disks before you use this logo, the same as Dolby.

Dave T2
VMP wrote on 11/9/2004, 8:55 AM
>>Yeah, when you use the Dolby logo, you are not referring to the mix. You are referring to the technology that is used to encode the mix so you can have this type 5.1 surround. The only reason to use the Dolby logo is to indicate a standard that is used for the audio, thus implying a better quality product and compability with consumer systems. This goes for the DVD logo as well. That is a trademarked symbol, and from what I understand, you must qualify your disks before you use this logo, the same as Dolby.<<

Maybe, I should sent Dolby an email asking what the least requirements are.
I am not sure what they are looking at, when testing the disc except clipping audio volume.

So that way they might let me use the Dolby logo , thus implying a better quality product and compability with consumer systems. :-))
Spot|DSE wrote on 11/9/2004, 9:32 AM
As a word of warning, (I didn't look at your logo, just commented on the specifics of your post) Dolby is one of those companies that broaches no quarter when it comes to their logo, technology, and use thereof.
Contact Kaleo Willis at Dolby for more information. KJW@dolby.com
He handles their licensing of trademarked logos.
nickle wrote on 11/10/2004, 11:43 PM
Now 7-11 (based in Texas) is filing a lawsuit against a Vancouver man who just spent his life savings to buy a convenience store named 8-11.
Not only does he have to change the name, but 7-11 wants $50,000 in compensation.

Geez now in addition to Starbucks, I have to boycott 7-11.

Time to make some picket signs.
Steve Mann wrote on 11/12/2004, 12:15 AM
John, I lost your E-Mail.

Steve Mann
steve at mmdv.com

Sorrry gang....