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Morning Legal Briefs

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7. Re: Morning Legal Briefs Feb 7, 2013, 12:03 TheEmissary
 
Armengar wrote on Feb 7, 2013, 10:50:
trademark =/= copyright. GW are attempting to assert that space marines in books are pretty much their space marines. The same way apple trademark their logo etc. It makes no difference if there is prior art (starship troopers etc) as that trademark will have expired unless maintained. If maintained then it can last forever.

Its a shit move by GW but it is one they will win if they can show continuation over other claimants.

Whilst starship troopers is maintained as a trademark (http://www.trademarkia.com/starship-troopers-75110835.html) there is no mention of space marines in there and might well not be in any of the modern material. It would take a lawyer to comb through it all.

The prior art/use and the term being generic should have been enough to block being granted a Trademark. Normally things that are used in very day speech can't be trademarked. You can make variations to trademark things like Apple Computers but not the word Apple.

I think it is a case of first to file not first to create bull again.
 
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