Intellectual Property conundrum

slinkywrench · Post by **slinkywrench** » October 6th, 2018, 2:53 pm

Even though a work is in the Public Domain, its trademark is not, so most works can be removed by trademark takedowns which worry me since IP can become orphaned or shattered. Copyright and Patents do in time expire but trademarks do not, even Shakespeare's work is trademarked to this day.

tovarisch · Post by **tovarisch** » October 6th, 2018, 3:22 pm

What is "its trademark"? Can you give a definition? An example, maybe?

What is a "trademark takedown"? How is Shakespeare's work "trademarked"? And as far as works in PD are concerned, what is "Intellectual Property"? "Property" implies a proprietor. PD belongs to everybody... Is my understanding of PD incorrect?

Post by **annise** » October 6th, 2018, 4:23 pm

slinkywrench wrote: ↑October 6th, 2018, 2:53 pm Even though a work is in the Public Domain, its trademark is not, so most works can be removed by trademark takedowns which worry me since IP can become orphaned or shattered. Copyright and Patents do in time expire but trademarks do not, even Shakespeare's work is trademarked to this day.

That seems very unlikely to me. You mean everyone who performs a Shakespeare play needs to pay his heirs? Maybe I'm descended from his wife - same first name after all

Anne

Post by **Availle** » October 7th, 2018, 12:28 am

you say essentially that "trademarks do not expire" which is not true.

wikipedia wrote:Trademarks rights must be maintained through actual lawful use of the trademark. These rights will cease if a mark is not actively used for a period of time, normally 5 years in most jurisdictions.