Tabberone is pronounced tab ber won |
|
The Tabberone™ Archives These articles concern what we consider major trademark and copyright issues. They are usually reproduced with the original source referenced. Bear in mind, these articles are copyrighted and commercial use without permission of the authors may be considered infringement. The intended use here is educational, commentary and non-commercial. The reason they are reproduced in the Tabberone™ Archives, as opposed to just providing a link, is because links disappear and pages are removed. That presents a messy confirmation process that is annoying to the browser (you) but also presents a credibility issue. We do not claim any rights in these pieces. Do not regard the absence of a copyright statement or © to mean the article is not copyrighted. Some sites do not have a copyright statement. When an article or a comment is posted on the internet by the copyright owner, the owner is seeking a world-wide, 24/7 audience; sometimes for a limited amount of time, sometimes indefinitely. In essence, an internet posting intentionally relinquishes one's copyright for exclusivity because the owner has posted it on the internet to been seen by everyone, everywhere. The Tabberone™ Archives non-commercial duplication of the posting is simply a continuance of the original wishes of the copyright owner. We post these articles for reference, for commentary and for confirmarion of our position. |
Source: http://www.tulsaworld.com/news/article.aspx?articleID=071109_1__OKLAH01601&allcom=1 June 27, 2008. Article has not been altered except to reformat it for easier reading and to remove advertising. |
Prosecutors might charge OU and OSU university officials after craft show incident By Associated Press11/9/2007 12:00 PM OKLAHOMA CITY -- Prosecutors still are considering whether to file theft charges against representatives from the University of Oklahoma and Oklahoma State University who seized college-themed merchandise from several vendors at an Oklahoma City crafts show. Last week more than 15 vendors from An Affair of the Heart filed complaints of theft against Suzanne Staley, OU's director of brand development, and Judy Barnard, OSU's director of trademarks and licensing, after the two women seized their merchandise. The women alleged the items infringed on the university's trademarks. Assistant District Attorney Scott Rowland said prosecutors have decided not to prosecute any of the vendors and will not seek forfeiture of the items. "We are of course fully supportive of any holder of a trademark or copyright protecting those, but in this case I think apparent irregularities in the seizure of those items by the university employees preclude us from taking action against the vendors," Rowland said in an e-mail. If convicted, someone who knowingly sells an item with a counterfeit mark could be sentenced to up to a year in jail or a $1,000 fine. Rowland would not comment on the specifics of the case, but said generally, for someone to seize private property, that person must have a search warrant or court order, and that any kind of warrant-less seizure is "problematic." "Whenever you do it without a warrant, you start out from the proposition that it's assumed to be an illegal seizure, and then the burden's on the state to prove that it was lawful," he said. "It's just so much easier if you have the time and opportunity to (obtain) a warrant or a court order. "I would prefer that to have been done in this case, if this case is brought to us." In the meantime, both universities have sent certified letters to the vendors whose merchandise was obtained for allegedly using university trademarks without a license. Both letters explain how to become a licensed vendor and say the universities will return items if vendors agree to several conditions, including an agreement to resolve "all matters related to infringement and confiscation." Both universities issued statements saying they are working on returning the alleged unlicensed items to the vendors if they agree to sign the release. Vendors lost anywhere from $150 to $7,000 worth of merchandise, and many said they were "repeatedly threatened," if they did not hand it over, according to police reports. |
General Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Glossary | Hall Of Shame | Contributions
Corporate Lawyers |
Definitions |
Federal Court Cases Alphabetically | by Federal Circuit | by Subject | by Court Quotations |
Federal Statutes Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22
|