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"clayart" acers copyright or trade mark?

updated fri 22 mar 02

 

Janet Kaiser on sun 17 mar 02


I do not want to sound mealy-mouthed, but since when has Acers owned
copyright or to be precise (because it is used as a name) registered
it internationally as a trade mark? And as a trade mark it would also
have to have a distinctive form and/or logo to fulfil the terms. As I
recall, "Clayart" was a newsletter back in the 1970s when I was a
student and there was a heavily grogged clay body of the same name on
the market at one time... Even if I am mistaken in both instances, it
would have to be proved Acers coined or invented the term, it has been
used exclusively by Acers from the day of inception and they will also
have formally established their legal right to it.

Once established, "Clayart" would have to appear with Acers (c) 19XX
or Clayart TM at all times from day one. I do not believe simply
stating "Acers holds all rights on XYZ" in an e-mail is sufficient.
But I will stand corrected by anyone who knows more about
international copyright and trade mark rules. I only have the
guidelines published in Britain, but appertaining to current
international as well as British law and practice.

Janet Kaiser
The Chapel of Art / Capel Celfyddyd
Home of The International Potters' Path
8 Marine Crescent : Criccieth : GB-Wales
URL: http://www.the-coa.org.uk
postbox@the-coa.org.uk

Lee Love on mon 18 mar 02


----- Original Message -----
From: "Janet Kaiser"


> I do not want to sound mealy-mouthed, but since when has Acers owned
> copyright or to be precise (because it is used as a name) registered
> it internationally as a trade mark?

Actually, I was thinking that we could come up with our own name for the
"club" of people here. Clay Art never really described me or what I do very
well.


--
Lee In Mashiko

"Homo sum: humani nil a me alienum puto.
I am a man: nothing human is alien to me. "

--Heauton Timoroumenos

Ababi on mon 18 mar 02


On one hand it is fair, we get the best university for free, only the
cost of Internet + computer. We don't pay for the hours of hours of the
moderators, or of "John" our technical support, or of the hard drive
that keeps our stories. On the other hand, I might look for a recipe I
have sent and lost ( like I do from time to time) and pay 8 $ for the
"copyrights"?
Ababi
---------- Original Message ----------

>----- Original Message -----
>From: "Janet Kaiser"


>> I do not want to sound mealy-mouthed, but since when has Acers owned
>> copyright or to be precise (because it is used as a name) registered
>> it internationally as a trade mark?

> Actually, I was thinking that we could come up with our own
>name for the
>"club" of people here. Clay Art never really described me or what
>I do very
>well.


>--
>Lee In Mashiko

>"Homo sum: humani nil a me alienum puto.
>I am a man: nothing human is alien to me. "

> --Heauton Timoroumenos

>________________________________________________________________________
>______
>Send postings to clayart@lsv.ceramics.org

>You may look at the archives for the list or change your subscription
>settings from http://www.ceramics.org/clayart/

>Moderator of the list is Mel Jacobson who may be reached at
>melpots@pclink.com.

vince pitelka on wed 20 mar 02


> > I do not want to sound mealy-mouthed, but since when has Acers owned
> > copyright or to be precise (because it is used as a name) registered
> > it internationally as a trade mark?
> Actually, I was thinking that we could come up with our own name
for the
> "club" of people here. Clay Art never really described me or what I
do very
> well.

The concept of ACerS "owning" the name Clayart is of course patently absurd.
The name existed long before they were involved, and they would have no
right at all to claim ownership. But the point is moot because all of us on
Clayart have the good sense not to misuse the name by using it
inappropriately for personal gain, etc.

I am a little startled and disturbed that anyone would suggest a different
name. We have been Clayart for 9 years and no one can tell us how to use
the name and no one else can claim ownership of the name. This is entirely
a personal opinion, but the suggestion of changing the name of this
discussion list is entirely inappropriate.
Best wishes -
- Vince

Vince Pitelka
Appalachian Center for Crafts
Tennessee Technological University
1560 Craft Center Drive, Smithville TN 37166
Home - vpitelka@dtccom.net
615/597-5376
Work - wpitelka@tntech.edu
615/597-6801 ext. 111, fax 615/597-6803
http://www.craftcenter.tntech.edu/

Janet Kaiser on thu 21 mar 02


Well, actually, Vince, I think "Clay Talk" would have been/would be
far more appropriate. Being a virtual community, supposedly creating
an international forum for potters, clay artists AND those collectors,
curators, museum and gallery staff, etc. who are ONLY interested in
ceramics and do not even have dabbler status (like me), we actually
don't "do" anything except "talk".

And it is officially the "Ceramic Arts Discussion List"... So "Talk"
is shorter than "Discuss" and sounds better... Clay Talk...

Talking of which... How does one pronounce NCECA? I said NECK-KAH to
someone once and was corrected, but cannot remember the correct way of
saying it. I am definitely not going to spell out N. C. E. C. A to
myself when reading posts, but I better start practising... Several
Clay Arters are planning to call by again this summer and I am sure
the subject will crop up at some point.

Janet Kaiser - who always says RU--TILE (ru- as in run)
The Chapel of Art / Capel Celfyddyd
Home of The International Potters' Path
8 Marine Crescent : Criccieth : GB-Wales
URL: http://www.the-coa.org.uk
postbox@the-coa.org.uk
----- Original Message -----

> > > I do not want to sound mealy-mouthed, but since when has Acers
owned
> > > copyright or to be precise (because it is used as a name)
registered
> > > it internationally as a trade mark?
> > Actually, I was thinking that we could come up with our own name
> > for the "club" of people here. Clay Art never really described me
or
> > what I do very well.
> The concept of ACerS "owning" the name Clayart is of course patently
absurd.
> The name existed long before they were involved, and they would have
no
> right at all to claim ownership. But the point is moot because all
of us on
> Clayart have the good sense not to misuse the name by using it
> inappropriately for personal gain, etc.
>
> I am a little startled and disturbed that anyone would suggest a
different
> name. We have been Clayart for 9 years and no one can tell us how
to use
> the name and no one else can claim ownership of the name. This is
entirely
> a personal opinion, but the suggestion of changing the name of this
> discussion list is entirely inappropriate.