Bernier's Helmet Trademark Infringement

[Gummer12 134]

http://sports.yahoo....-215218004.html

[Law Goalie 147]

Unbelievable... he should get Gunnarson to repaint it with the sign being wiped out by a tornado or obliterated in a plane crash.

[wrangler 157]

Don't be so free with other people's airplanes.

All they had to do was give him permission to use it, if they were concerned about protecting it. I don't see the economic harm from his use; I would expect a benefit, if anything.

[Axxion89 32]

Isn't California in a budget crisis, they need every penny they can get! I'm surprised they don't go after 1st graders who draw the Hollywood sign for art class, think of the $$$!!!

[Law Goalie 147]

^^ That's exactly what Bernier said. Hrudey's going to have a good laugh about this on HNIC.

[AIREAYE 248]

Would it make sense then, that if Bernier simply had the word 'HOLLYWOOD' unadorned with the hill, it would be a non-issue?

[Gwyren 0]

Isn't California in a budget crisis, they need every penny they can get! I'm surprised they don't go after 1st graders who draw the Hollywood sign for art class, think of the $$$!!!

The state of California does not own the sign nor do they own the rights to use it. The Hollywood Chamber of Commerce owns the trademark rights.

[Vulcan7905 88]

I saw they tried suing somebody else as well. So why not sue Bolly Wood? I didn't know it was possible to trade mark words now. Somebody should put a trade mark on "The". Could be a billionaire by night!

http://twitpic.com/8z6hh7

You know, it's sad when you want to support your town and they won't let you.

[jimmy 194]

Unbelievable... he should get Gunnarson to repaint it with the sign being wiped out by a tornado or obliterated in a plane crash.

Or "Hollyweed" just to piss them off.

[wrangler 157]

Good. One thing that people often don't know, or forget, is that in order to maintain rights to things like this, the law requires the owner to aggressively protect it. Let it slide a few times, then someone else takes it and starts making money from it, and a court may say it's not yours any more.

[wrangler 157]

I would expect so, but I don't know. This is not my area, and I recall only copyrights and trademarks being addressed in the few cases on this that I read in law school. We just happened to have those cases in other courses; I never took courses on intellectual property.

[Chadd 916]

same applies on a patent, correct Esq.?

Yes, the requirement is that the party holding the IP rights must know about the use.