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The Magic Cafe Forum Index » » The side walk shuffle » » Looking for lemon cups (0 Likes) Printer Friendly Version

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Mad Jake
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All the voices in my head helped me make
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Jeff Busby didn't actually let the trademark lapse, in law he abandoned the trademark. RNT II picked up the trademark after almost 1 year of it sitting in the registry with no activity. By abandoning the trademark, Jeff also abandoned all products that he used the trademark on, 2 of them being the Paul Fox Cups and Chick Cups primarily for us. The trademark was never copyrighted and even if it had been, copyright has lapsed and can not be copyrighted, only registered in the TARR registry. RNT II had 3 law firms confirm this, all of them being corporate, copyright and trademark attorneys.

Jeff must have missed the chapter on abandonement of trademarks in all his law books he kept referring to over the years when he harrassed sellers on ebay.
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Pete Biro
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1933 - 2018
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Fact is Busby never completed payment to Danny Dew, and based on conversations with members of the Fox Estate, Danny never really had the ownership or rights of the Fox name, logo or designs.
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Mad Jake
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However, based on coporate law, any copyright had already lapsed and the registration of the trademark went unchallenged without dispute when Busby registered the PF logo.

An exaustive search was done for copyright, registration, pending registration and legal litigation. All returned zero results and history. The fact that Busby did not complete payment does not make him in default per say unless their is a contract and proof of litigation of failure to act on the contract as outlined.

Wether Danny had rights to the name, logo or designs remains in question and is hearsay unless actual legal documentation exists. But at this point, any documentation would most likely not be considered as the copyright on any of the above would have expired. History of the logo only shows that Jeff Busby was the registrant, no other registrants or first date of use prior to Busby were returned in a legal registration history search.
For quality Paul Fox Cups spun on Danny Dew's Paul Fox tooling visit us at www.airshipmagic.com
Bill Palmer
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Eternal Order
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The field of IP law is very complex. Trademarks, for example, last as long as they are used and/or renewed. If a trademark is abandoned, then woe to the person who abandoned it. He can't get it back.

Corporate law textbooks are not of much use in the changing world if IP law. Information that was current in 1995 is now completely out of date. The best source for most of us is the USPTO web site, which clearly explains what the differences and the applications of trademark, copyright and patent are.

http://www.uspto.gov/web/offices/pac/doc......tml#ptsc has enough to confuse almost anyone who is interested in the subject.
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Zack
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Where do you get the collector's cups?
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