Parker Gun Collectors Association Forums  

Go Back   Parker Gun Collectors Association Forums Parker Forums General Parker Discussions

Notices

Reply
 
Thread Tools Display Modes
Unread 03-09-2018, 03:28 PM   #1
Member
edgarspencer
PGCA Member
 
edgarspencer's Avatar

Member Info
 
Join Date: Sep 2011
Posts: 6,604
Thanks: 3,332
Thanked 13,144 Times in 3,482 Posts

Default

Quote:
Originally Posted by Todd Poer View Post
So Edgar, in line with what Bruce said, in your opinion, its therefore a public domain piece.
No, that is not what I said, nor is it my opinion, because I do not know what legally constitutes 'public domain'. I am not an attorney, nor do I play one on TV.
edgarspencer is offline   Reply With Quote
The Following 2 Users Say Thank You to edgarspencer For Your Post:
Unread 03-09-2018, 03:55 PM   #2
Member
Southpaw
Forum Associate

Member Info
 
Join Date: Oct 2017
Posts: 653
Thanks: 634
Thanked 275 Times in 197 Posts

Default

I am not one either, though do deal with a lot of them on varying issues, and not trying to put words in your mouth. However, if framed as you suggested if there was a piece that was copyrighted or patented and all those issues expire and/or none of it renewed then it becomes public domain or open to anyone to use, as to my understanding. BTW this is what lawyers are paid to argue about all the time. I'm sure there is some case law somewhere that could be dragged up to support pros and cons.

I guess I am saying if Remington doesn't own it, then who does, and if it was not part of transfer then that image has no said ownership and is public domain free to use by anyone.
Todd Poer is offline   Reply With Quote
Unread 03-09-2018, 04:25 PM   #3
Member
Victor Wasylyna
PGCA Lifetime
Member
 
Victor Wasylyna's Avatar

Member Info
 
Join Date: Jan 2016
Posts: 582
Thanks: 1,568
Thanked 1,563 Times in 351 Posts

Default

Quote:
Originally Posted by Todd Poer View Post
However, if framed as you suggested if there was a piece that was copyrighted or patented and all those issues expire and/or none of it renewed then it becomes public domain or open to anyone to use, as to my understanding.
You missed/ignored my post above. This is not a patent issue. Copyright, if any, would have long since expired. However, Remington owns a federal trademark registration for the PARKER mark for "shotguns and replacement parts therefore." It would be unwise for anyone to sell shotguns, replacement shotgun parts or other shotgun-related paraphernalia using the PARKER mark or any other "confusingly similar" mark (e.g., PARKER BROS.). Trademark rights are lost if not enforced--even if not enforced against small-potatoes infringers.

-Victor
Victor Wasylyna is offline   Reply With Quote
The Following User Says Thank You to Victor Wasylyna For Your Post:
Unread 03-09-2018, 06:25 PM   #4
Member
Southpaw
Forum Associate

Member Info
 
Join Date: Oct 2017
Posts: 653
Thanks: 634
Thanked 275 Times in 197 Posts

Default

Victor

Did not miss or ignore your message and you seem well versed in legal issues. My point was directed as to what happens to material if something expires like a copyright, trademark or patent, then it becomes, as told to me, public domain. A friend of mine that was internal counsel at Coca Cola that chased this stuff told me of this a long time ago. And yes you have to vigorously defend your trademark to all comers.

I thought your explanation of copyright and trademark was correct. This could be a never ending debate but given the scale and scope and current situation of Remington in context of thread, still don't see Remington really caring. Now if PGCA was trying to make a business and huge profit of selling Parker stuff, then Remington could ask for reimbursement, a license agreement, or seek injunctive relief if they indeed have rights. Don't see any of that even on the horizon in reality, but in theory yes Remington may have rights. Again given context what would be probability of Remington flexing their muscle on what we are talking about.

So specific question is use of their trademark and if Remington has rights. No one here is trying change or operate a business of Parker Bros. name, I don't think that is in dispute. I guess real question does Remington have rights and if so would they require licensed use of Parker Bros. trademark. They would if it was profitable or if they thought per se this group was damaging their trademark rights, but PGCA isn't or they would have asked PGCA to cease and desist from using anything associated with Parker Bros. Frankly I think they would support anything PGCA would do that could create value or awareness of their trademark, especially if it did not cost them anything. I actually wonder why someone from Remington doesn't come onto this webpage and talk about stuff. 1. they don't care, 2. they don't want to further offer any support of the products.

Btw fickled finger of fate, I have been involved with with some trademark and patent issues before. Client of mine was wanting to purchase a well known sweetener brand that patent and process protection period was going to expire in about two years. They could buy the trademark and brand but any value to the patent was gone in 2 years and market value for said sweetener was going to drop quickly since everyone in Asia was already making it and were ready to flood the US market when it expired.
Todd Poer is offline   Reply With Quote
Unread 03-09-2018, 06:41 PM   #5
Member
Dean Romig
PGCA Invincible
Life Member
 
Dean Romig's Avatar

Member Info
 
Join Date: Dec 2008
Posts: 32,974
Thanks: 38,707
Thanked 35,939 Times in 13,172 Posts

Default

Quote:
Originally Posted by Todd Poer View Post
This could be a never ending debate but given the scale and scope and current situation of Remington in context of thread, still don't see Remington really caring. Now if PGCA was trying to make a business and huge profit of selling Parker stuff, then Remington could ask for reimbursement, a license agreement, or seek injunctive relief. Don't see any of that even on the horizon in reality, but in theory yes Remington may have rights. Again given context what would be probability of Remington flexing their muscle on what we are talking about.

I actually wonder why someone from Remington doesn't come onto this webpage and talk about stuff. 1. they don't care, 2. they don't want to further offer any support of the products.

Well there it is in black & white... Todd doesn't think Remington cares. Apparantly Remington is too busy to care???

Have at it guys - print whatever you want to...(at your own peril, I should add.)





.
__________________
"I'm a Setter man.
Not because I think they're better than the other breeds,
but because I'm a romantic - stuck on tradition - and to me, a Setter just "belongs" in the grouse picture."

George King, "That's Ruff", 2010 - a timeless classic.
Dean Romig is offline   Reply With Quote
The Following User Says Thank You to Dean Romig For Your Post:
Unread 03-09-2018, 07:53 PM   #6
Member
Southpaw
Forum Associate

Member Info
 
Join Date: Oct 2017
Posts: 653
Thanks: 634
Thanked 275 Times in 197 Posts

Default

Quote:
Originally Posted by Dean Romig View Post
Well there it is in black & white... Todd doesn't think Remington cares. Apparantly Remington is too busy to care???

Have at it guys - print whatever you want to...(at your own peril, I should add.)





.
Ipso Facto, does Remington seek compensation for use of any likeness of material presented or used by PGCA with regard to letters that have woodcock and broken gun emblem all over them, heck even for constant use on this webpage. The original premise posed was in context of PGCA could it print some stickers or labels to give to members. I think you said PGCA has right to use stuff for educational purposes, which is in obvious support of trademark and in Remington's best interest. Oh well.

And for calling me out Dean, I'm notifying the mattress police on your ass and for your sake hope you did not remove the tags.

Last edited by Todd Poer; 03-09-2018 at 08:05 PM..
Todd Poer is offline   Reply With Quote
Unread 03-09-2018, 09:13 PM   #7
Member
Dean Romig
PGCA Invincible
Life Member
 
Dean Romig's Avatar

Member Info
 
Join Date: Dec 2008
Posts: 32,974
Thanks: 38,707
Thanked 35,939 Times in 13,172 Posts

Default

Quote:
Originally Posted by Todd Poer View Post
And for calling me out Dean, I'm notifying the mattress police on your ass and for your sake hope you did not remove the tags.
Ha! You can't scare me with "mattress police" threats. I used to be very afraid of them and left the tags on pillows, mattresses, furniture cushions, hell even kapoc filled life jackets... Then I got smart and learned these warnings were to the retailer and not the retail purchaser... who knew?
These days I throw caution to the wind and snip off all such warnings. So, you see - you can't scare me with idle threats.
__________________
"I'm a Setter man.
Not because I think they're better than the other breeds,
but because I'm a romantic - stuck on tradition - and to me, a Setter just "belongs" in the grouse picture."

George King, "That's Ruff", 2010 - a timeless classic.
Dean Romig is offline   Reply With Quote
The Following 2 Users Say Thank You to Dean Romig For Your Post:
Unread 03-09-2018, 06:37 PM   #8
Member
Kirk Potter
PGCA Member
 
Kirk Potter's Avatar

Member Info
 
Join Date: Jan 2015
Posts: 713
Thanks: 1,058
Thanked 826 Times in 229 Posts

Default

Doesn't it seem like their are several different companies reprinting the various "Parker Brothers" catalogs?
Kirk Potter is offline   Reply With Quote
The Following User Says Thank You to Kirk Potter For Your Post:
Unread 03-09-2018, 09:30 PM   #9
Member
Southpaw
Forum Associate

Member Info
 
Join Date: Oct 2017
Posts: 653
Thanks: 634
Thanked 275 Times in 197 Posts

Default

Dang, and I thought for sure I at least had you crawling underneath your bed looking for tags.
Todd Poer is offline   Reply With Quote
The Following User Says Thank You to Todd Poer For Your Post:
Unread 03-10-2018, 08:38 AM   #10
Member
William Davis
PGCA Member

Member Info
 
Join Date: Nov 2011
Posts: 1,191
Thanks: 144
Thanked 792 Times in 432 Posts

Default

It really has nothing to do with right wrong or Remington.

Company bankrup the sharks come out looking for blood. All it takes is one attorney seeing PGCA using Remington trademarks and having cash in our bank account. He takes us to court and settles out of court, gets a cut of the settlement. The Bankruptcy Court can’t play favorites, have to protect creditors and accepts the agreement.

I was called to testify in a similar case years ago. Attoney representing creditors brought a frivolous lawsuit against a former vendor to the bankrupt company. Case was thrown out it was so ridiculous, vendor had to pay his own legal bills. No recourse.

It’s not worth it.

William
William Davis is offline   Reply With Quote
Reply


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -4. The time now is 09:17 PM.

Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.
Copyright © 1998 - 2025, Parkerguns.org
Copyright © 2004 Design par Megatekno
- 2008 style update 3.7 avec l'autorisation de son auteur par Stradfred.