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"SOARING" possibly in legal jeoprady



 
 
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  #1  
Old September 24th 04, 08:03 PM
Bob Thompson
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Default "SOARING" possibly in legal jeoprady

A feature article in the Durango Herald newspaper (Durango, Colorado) =
this morning about a 5 star resort north of town, Tall Timber, really =
caught my attention. They now offer an "extreme sport" of Peter Pan- =
like zipping down through the trees hanging from a wire that they call =
"SOARING"... and they have their lawyers "busily filing for patents and =
the COPYRIGHT TO THE NAME, SOARING". If they get this copyright of the =
name of our sport of "soaring", the name of the SSA, the name of the =
ASA, the name of Turf Soaring, Arizona Soaring, Soaring magazine, etc. =
may well have to be liscensed from these folks. =20

I'd say this is something perhaps a batch of "soaring" lawyers would =
want to look into pronto. Any copyright or patent lawyers involved in =
soaring got any comments? After all, we DO live in a VERY litigeous =
society / country.

Bob Thompson
19





  #2  
Old September 25th 04, 02:22 AM
COLIN LAMB
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Eric is right. You cannot protect a name already in common use.

As a matter of fact, common law gives protection to those who have prior
use. And, Soaring magazine would have copyright protection, anyway.

Colin


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  #3  
Old September 25th 04, 09:31 PM
Nolaminar
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Could this mean that big birds could no longer soar?
Are we to be grounded and only allowed to glide.
What a terrible thing!
Something must be done.
GA

  #5  
Old September 27th 04, 12:24 AM
Fred the Red Shirt
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Bob Thompson wrote in message ...
A feature article in the Durango Herald newspaper (Durango, Colorado) =
this morning about a 5 star resort north of town, Tall Timber, really =
caught my attention. They now offer an "extreme sport" of Peter Pan- =
like zipping down through the trees hanging from a wire that they call =
"SOARING"... and they have their lawyers "busily filing for patents and =
the COPYRIGHT TO THE NAME, SOARING". If they get this copyright of the =
name of our sport of "soaring", the name of the SSA, the name of the =
ASA, the name of Turf Soaring, Arizona Soaring, Soaring magazine, etc. =
may well have to be liscensed from these folks. =20

I'd say this is something perhaps a batch of "soaring" lawyers would =
want to look into pronto. Any copyright or patent lawyers involved in =
soaring got any comments? After all, we DO live in a VERY litigeous =
society / country.


A single word such as 'soaring' is too short to be protected by
copyright. The editors of that newspaper certainly SHOULD have
been aware of that.

They may be able to register "SOARING" (all caps) as a trademark
for their 'sport' but that won't give them rights to soaring any
more than hormel's trademark 'SPAM' carries over to email spam.

--

FF
  #6  
Old September 27th 04, 02:31 AM
Quietpilot
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Let me see if I have this right..

Some rich person in an exclusive, gated playground community is going to PAY to
be suspended from a wire for the purpose of hurtling downhill some number of
feet above the ground?

Forget SOARING.. they should call their
"sport" EXTREME IDIOCY instead. Two words, easier to copyright.

If patrons are that easily parted from their money maybe we should open a
franchise selling them Pixie dust to sprinkle on the teeming masses below. Or
would Disney sue us for emulating Tinkerbelle too closely?

MG
San Diego :-)
  #7  
Old September 27th 04, 09:44 AM
Clint
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A single word such as 'soaring' is too short to be protected by
copyright. The editors of that newspaper certainly SHOULD have
been aware of that.

They may be able to register "SOARING" (all caps) as a trademark
for their 'sport' but that won't give them rights to soaring any
more than hormel's trademark 'SPAM' carries over to email spam.


Rooibos (redbush) is a form of tea grown in South Africa for many
years. It is an Afrikaans word but is accepted in the English language
as well as there is no other English word for the drink. It is very
popular in South Africa (you battle to get a decent cup of regular tea
at a typical Afrikaans household) and is sold locally by many
producers. Some person has however copyrighted the word in America and
is now the only person allowed to market rooibos in America under that
name. No South African thought such a move was possible as it is like
copyrighting the word coffee and then forcing everybody else who sells
coffee to sell it under another name. It is amazing what can be pushed
through the American legal system. Rooibos and Soaring both have seven
letters so I don't think that there is anything that protects a single
word from becoming copyrighted.

Clinton
LAK 12
  #8  
Old September 27th 04, 03:00 PM
Don Johnstone
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I don't think you are in real trouble. The word Hoover
is a trade mark and copyright but is used generically
to describe a sucking cleaning machine, The former
head of the FBI, and a large dam. The word Ford could
be even worse, again a trademark and copyright and
applies to a rubbish vehicle, a former president (Gerald,
only a brit would remember him), an actor (Harrison)
and a way of crossing a river, which brings us to Bush,
a trade mark over here for electrical items but also
shrubbery, two presidents and something I cannot mention
in polite company but is certainly related in many
ways to the aforesaid two presidents.
I think SOARING is safe even in the land of the rampant
litigators.
:-)



At 09:06 27 September 2004, Clint wrote:

A single word such as 'soaring' is too short to be
protected by
copyright. The editors of that newspaper certainly
SHOULD have
been aware of that.

They may be able to register 'SOARING' (all caps)
as a trademark
for their 'sport' but that won't give them rights
to soaring any
more than hormel's trademark 'SPAM' carries over to
email spam.


Rooibos (redbush) is a form of tea grown in South Africa
for many
years. It is an Afrikaans word but is accepted in the
English language
as well as there is no other English word for the drink.
It is very
popular in South Africa (you battle to get a decent
cup of regular tea
at a typical Afrikaans household) and is sold locally
by many
producers. Some person has however copyrighted the
word in America and
is now the only person allowed to market rooibos in
America under that
name. No South African thought such a move was possible
as it is like
copyrighting the word coffee and then forcing everybody
else who sells
coffee to sell it under another name. It is amazing
what can be pushed
through the American legal system. Rooibos and Soaring
both have seven
letters so I don't think that there is anything that
protects a single
word from becoming copyrighted.

Clinton
LAK 12




  #9  
Old February 4th 06, 04:47 AM posted to rec.aviation.soaring
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Default "SOARING" possibly in legal jeoprady

"You can't copyright a word in general use, and you certainly can't
patent it. No problem here. You might be able to prevent it's use for
other, very similar, purposes; e.g., another magazine couldn't call
itself Soaring if it was about soaring sailplanes, instead of, say,
Peter Pan fantasies."

Yes, but recently a patent was issued for the peanutbutter and jelly
sandwich. I suppose now each day a mom or dad makes one for their kid's
lunch they will have to pay a royalty.

Brian


  #10  
Old February 4th 06, 04:55 AM posted to rec.aviation.soaring
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Default "SOARING" possibly in legal jeoprady


Brian wrote:

Yes, but recently a patent was issued for the peanutbutter and jelly
sandwich. I suppose now each day a mom or dad makes one for their kid's
lunch they will have to pay a royalty.

Brian

I recall that the PB&J patent was for a particular structure that
allowed the sandwich to be manufactured, packaged, and sold. The trick
was a technology to keep the jelly from soaking into the bread.

The funnier one to me was some years ago when someone made a new peanut
butter that contained only 100% peanuts--no additives, no hydrogenated
oil, stiffeners, etc. He was sued--successfully as I recall, because
"peanut butter" had these other things in them. His 100% peanuts only
spread had to be called "artificial" or some such because it wasn't
similar to the regular stuff. There is some logic to that, but it is
somewhat convoluted.

 




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