NationStates Jolt Archive

http://news.yahoo.com/s/ap/20060506/ap_on_go_ca_st_pe/anti_war_graduates;_ylt=AiQ2kP2vbIUYg6_IRUKsHMlvzwcF;_ylu=X3oDMTA5aHJvMDdwBHNlYwN5bmNhdA--

Apparently the military has trademarked "West Point" "US Army" and a couple of others.

I was not aware the government itself could trademark words or phrases.

What's next? Trademarking the word "America" so that it can only be used by Fox News?

So what? All that means is that I can't use that term to make money. It can still be mentioned in novels, news, etc, under US copyright law, I believe.

So what? All that means is that I can't use that term to make money. It can still be mentioned in novels, news, etc, under US copyright law, I believe.
It doesn't sound like it. The reason this came up is that the military is suing an anti war group that has been using the term "West Point" in their propaganda without permission.

They'll lose. You can't seperate WEST POINT the place from WEST POINT the brand. It's the same as Donna Karon copyrighting Donna Karon New York (DKNY) She can't sue you for refering to Donna Karon from New York because the brand is seperate from the person and place.

They'll lose. You can't seperate WEST POINT the place from WEST POINT the brand. It's the same as Donna Karon copyrighting Donna Karon New York (DKNY) She can't sue you for refering to Donna Karon from New York because the brand is seperate from the person and place.
:rolleyes: Do you really think we'd give a damn about "West Point The Brand?"

Here's the text of the article:

West Point' Off Limits to Anti-War Alums

By WILLIAM KATES, Associated Press Writer Fri May 5, 10:48 PM ET

SYRACUSE, N.Y. - The Army warned an anti-war group of former U.S. Military Academy cadets to stop using the words "West Point" in its name, saying they are trademarked.

A co-founder of West Point Graduates Against the War countered Friday that his organization is simply following the cadets' code.

"At West Point, we were taught that cadets do not lie, cheat or steal — and to oppose those who do," said William Cross, a 1962 West Point graduate. "We are a positive organization. We are not anti-West Point or anti-military. We are just trying to uphold what we were taught."

The group, open to West Point graduates, spouses and children, claims about 50 members.

West Point spokesman Lt. Col. Kent Cassella said the academy sent the April 12 warning letter because the group failed to go through a licensing process to get permission to use the term "West Point." The group's anti-war stance is irrelevant, he said.

"This is not a political issue. They did not ask for permission. We are doing what any college or university would do to enforce its trademarks," Cassella said.

The Army registered the words "West Point" — as well as "United States Military Academy," "USMA," and "U.S. Army" — as trademarks in 2000 to control their use on educational material and commercial goods.

An attorney hired by Cross and his colleagues said the warning raises questions of First Amendment speech protection and selective enforcement. Joseph Heath said he noted the concerns in a response sent to the Army on Monday; he has not yet received a reply, he said.

"I would hope that the Army would be proud of these men and their willingness to promote democracy and freedom of speech," wrote Heath, a Navy veteran who also opposes the war.

Heath also noted widespread commercial use of the words "West Point."

Cassella said the Army has negotiated agreements with local businesses allowing them to use the phrase in their names.

I fail to see the problem, assuming all of the members of the group actually are West Point graduates. If that were the case, "West Point Graduates Against the War" might be considered as passing themselves off as the "West Point Military Academy"...

Put if sucessful, this could have some nasty implications. If I graduate from XYZ University, and they have trademarked their name, would it be legal for them to bar me from putting that on a resume?

Put if sucessful, this could have some nasty implications. If I graduate from XYZ University, and they have trademarked their name, would it be legal for them to bar me from putting that on a resume?

It's one way of silencing dissent I guess. By trademarking your name, they can't use it without you suing them for copyright infringement.

An example of copyright laws taken a dozen steps too far I should think.

It's one way of silencing dissent I guess. By trademarking your name, they can't use it without you suing them for copyright infringement.

An example of copyright laws taken a dozen steps too far I should think.
Precisely the tactic the $cientologists have adopted.

Great, more money for copyright lawyers who are already making a killing from DRM.

When I get my patent on the English language approved, you'd all better shut up.

When I get my patent on the English language approved, you'd all better shut up.
cassez-vous, monsieur ;)

When I get my patent on the English language approved, you'd all better shut up.

Me no speaka Engrish

cassez-vous, monsieur ;)

C'est vrai que je suis un sieur, mais comment saviez-vous?

What's next? Trademarking the word "America" so that it can only be used by Fox News?
No. What's "next" is trademarking the term "USians" so NOBODY can use it! Mwahahahahaha! :D

It's one way of silencing dissent I guess. By trademarking your name, they can't use it without you suing them for copyright infringement.

An example of copyright laws taken a dozen steps too far I should think.
Try using the word "Harvard" in the name of an organization. Heh!

C'est vrai que je suis un sieur, mais comment saviez-vous?
"It is true that I am a [sieur] but how do you know?"
As you can see, my french is somewhat minimal.

EDIT: Oh *smacks forehead* I get it. Better than even odds on NSG.

Try using the word "Harvard" in the name of an organization. Heh!
How about:

http://images.netgrocer.com/jpegs/4117700007.jpg

OR:

http://www.harvardlabel.com/plasticprepaid.htm

OR:

http://www.harvardeng.com/

OR:

http://mitpress.mit.edu/images/products/journals/10934421-medium.jpg

I wonder what the academy would say about these German cigarettes:

http://195.2.85.140/08766.jpg

I wonder what the academy would say about these German cigarettes:

http://195.2.85.140/08766.jpg
SSSSSmmmmmookkkkkkkin' :D

How about:

http://images.netgrocer.com/jpegs/4117700007.jpg

OR:

http://www.harvardlabel.com/plasticprepaid.htm

OR:

http://www.harvardeng.com/

OR:

http://mitpress.mit.edu/images/products/journals/10934421-medium.jpg
Well, fry my fritters! Heh! I stand ( sit? ) corrected! :p

I wonder what the academy would say about these German cigarettes:

http://195.2.85.140/08766.jpg

Well, that's in West Germany. EU laws instead of USAian laws apply.
I wonder if you can get away with using "WESTPOINT" to avoid issues with "WEST POINT"

Try using the word "Harvard" in the name of an organization. Heh!

Different circumstances. Harvard University has persued lawsuits (http://www.news.harvard.edu/gazette/2000/04.06/domain.html) against those misrepresenting themselves as having an affiliation with the university in order to make a profit. WPMA seems to be attempting top prossecute those with a legitimate claim to be be West Point Graduates who are using that to make a political point.

The WESTPOINT cigarettes however, might be claim worthy, even under EU law.

Maybe. (http://www.wellkang.com/eu_trade_mark.html) However, it appears that both Harvard and West Point, being place names may not qualify. West Point Military Academy and Harvard University might...

I doubt very seriously the US Army and the USMA will be successful in this plan.

The patent on the name West Point is on shaky legal ground at best and to use the patent selectively to squash dissent or reward those who promote a positive image of the United States Military Academy at West Point can be legally challenged.

I find it odd that the patent was granted in the first place. Certainly the name West Point is not unique, there are two cities named West Point; West Point, NY (the home of the USMA) and West Point, Nebraska. It might turn out legally that this is an unenforceable patent.

No. What's "next" is trademarking the term "USians" so NOBODY can use it! Mwahahahahaha! :D

thats a good thing though!

Except that Harvard, as far as I know, is private University and Scientology is a private group. West Point on the other hand is part of the US government.

Next thing you know they will trademarking words and phrases like "United States of America", "USA" "American", "President", "White House", "Pentagon", "Congress". They might even start restricting the way the national anthem can be sung. Oh wait, they're already doing that.

This sets a chilling precedent for free political speech. I don't think the government should be in the business of trademarking words or phrases. When it does so, the stage is set for political censorship.

This issue should be of grave concern.

Except that Harvard, as far as I know, is private University and Scientology is a private group. West Point on the other hand is part of the US government.

Next thing you know they will trademarking words and phrases like "United States of America", "USA" "American", "President", "White House", "Pentagon", "Congress". They might even start restricting the way the national anthem can be sung. Oh wait, they're already doing that.

This sets a chilling precedent for free political speech. I don't think the government should be in the business of trademarking words or phrases. When it does so, the stage is set for political censorship.

This issue should be of grave concern.

Oh! Yes, that slipped my mind. Good point! :D

Works created by the United States government are supposed to fall into public domain at the moment of creation.

Sieg heil, Amerikanner-babies.

West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point West Point

*awaits letter*