Huh. Guess they're making Expy of Songster?
Also a lot of Pop...I dont want to raise my hopes.
Not that I won't be expecting some of them anyway, but putting names on boxes is often how you technically prove copyright use so it doesn't lapse.
The only thing we could get from that list is Modulok. As he... they is... were in the vintage MOTU line. And I'm sure someone on the MOTU team is pushing for that toy to get made.
Sent from my SM-G981U using Tapatalk
Well, Marlena and Eldor don't seem impossible for Origins, I'd hope.
Sounding off on the box names. Back in the day, Mattel would sometimes print names of unrelated characters on the MOTU Classics mailer boxes. We were told this was just a way to keep the names trademarked. This is probably the same thing. Nothing to see here, other than their interest in keeping the names in their possession.
Technically right but putting it on the box is enough of a use in commerce for a trademark clerk to approve their application in practice and you'd have to sue or contest the trademark to get the USPTO to notice what Mattel was doing.
I think Mattel is essentially trying to get their money's worth out of the filing fee by technically illegitimately tricking a clerk into approving their application because the planned use in commerce back when they filed fell through.
They filed, at the time planning toys. Rather than let the filing fees go to waste, they pretend a box is used to ship multiple figures and the clerk approves their application.
As for Despera, I honestly think she's in Revolutions.
Smith was vocal about wanting to use She-Ra before.
There are rights issues.
But the Despera rights are entirely on the MOTU side. And we're getting a Horde story.
So Smith can have Adam's unnamed sister be Despera (maybe even call her Adora) and as long as she never becomes She-Ra onscreen then Smith can get away with it, most likely.
He might even get away with her using a power sword or artifact and getting a different name and costume and technically be in the clear.
There is no cost savings, because each mark has to be filed separately with a separate fee. It is actually more expensive to file marks you do not intend to use for this reason. And parked marks lose protections if they are not produced as goods within the designated period. So there is no benefit to doing it unless there is actual intent to market, because it saves the filer time to research and file marks in batches.
You are correct. https://www.uspto.gov/trademarks/bas...n-filing-basis
"Bona fide use of a trademark in the trade of goods or services. The trademark must be either:
- *On the goods, packaging, labels, tags, or displays where the goods are sold or transported in commerce, or
*Used to sell or advertise services rendered in commerce
For federal registration, your goods or services must be offered in more than on U.S. state or territory, or in the U.S. and at least one other country. "
I do not know how to make this any simpler for you. Mark protection arises from use. Registration simply gives the registrar the presumption of ownership in court. If the mark is not used, the protection goes away. Publishing a mark on packaging starts the clock on protections. If nothing is subsequently produced with the mark, the protections go away. Registration itself requires an attestation of intent to produce goods. If no goods are produced, the mark lapses. What are you not understanding?
I am a copyright specialist, and I used to be a rights management coordinator for the largest recruitment advertising agency in the world. I definitely know it all about this, and I do not need you to explain it to me. If anything, you should stop playing know-it-all, and you might actually learn something.