03-04-2003, 11:09 AM
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#19
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i asked a few people around here:
Quote:
I'm not a lawyer, but I do some writing and this subject comes up all the time in that trade.
Copyright and trademark owners have near-absolute control over how that brand name or work is used. The only exceptions I am aware of is for news coverage, speech between individuals, brief quotes in legitimate critical reviews, and the advertised resale of the companies products. I learned there are no legal exceptions for non-profit use, literature and works of fiction, charity work, enthusiast publishing or even owner and user groups. (I know from first-hand experience that the Gold Wing Road Rider Association, an organization of Honda Gold Wing owners, had to obtain a license from Honda to use the Gold Wing trademark in their name.)
Honda is one of the more vigilant companies when it comes to trademark enforcement. There are some that are much worse. Harley Davidson is legendary for trademarking and copywriting every imaginable part and feature of their bikes, and then using pit bull legal tactics to make sure no one uses their property without permission.
You might think someone at Honda gets paid for being a prick, and there might be some truth in that. But there are good reasons for a company to act like this. Trademarks are only recognized when they are defended. If a company allows unchallenged use of their trademarks for any reason, they can lose the legal right to claim ownership of their own name. It seems unlikely that Honda could become a generic term for a small car. But how many times do you ask for a Coke instead of a cola, or a Kleenex instead of a tissue? If Coca-Cola and Kimberly Clark didn't enforce their trademark rights with writers and others, they could easily and quickly loose their ownership.
If it's any consolation, you got the nice version of their cease and desist letter. Since this is a non-profit and non-revenue producing site, you might get away with ignoring it for a long time to come. This isn't because Honda is only blowing smoke, however. It's because the first thing lawyers are taught in law school is to never sue poor people, and they probably presume someone running an internet message board qualifies. More likely is a cheap court order forcing your ISP or hosting provider to shut down the site or your access to the web.
But if Honda decided to sue, the clock on damages started running when you were made aware of your act of trademark infringement.
Personally, I don't think its worth the risk. I'd change the name and send them proof of your compliance. But dealing with this stuff is part of what I do for a living and obeying trademark law is expected of me by editors and publishers that I work with. I also want my rights respected, too, and yes-I have sent these letters when someone reprinted or reused my work without permission.
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