Thread: Maxx Payne vs Max Payne
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Old 01-14-2004, 05:32 PM   #28
Kane Knight
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Quote:
Originally Posted by Mr. JL
What if, for say, you come up with a name but you don't trademark it? You have proof that you used the name, wrestling for a variety of wrestling company's.

Then, someone else "thinks" up the exact name, they then trademark it of whatever. Does that mean, the guy who trademarked it can tell the guy who originally used the name first, but didn't trademark it, to go **** off and stop using his trademark name?
It happens sometimes, but again, it can be contested.

Hell, Spike Lee fought Spike TV over a registered trademark that was never awarded, and that he abandoned. Another dumb example is Richard Garfield's patenting and trademarking some 260+ elements of the game Magic: The Gathering, a game which he admits he took from earlier ideas by other people.

If you think you have a legit claim to a trademark that's already been established by someone else, you can fight it, but since this is new news, I bet he's probably lost any right at this point.
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