Using DMCA As A Dodge Costs Host 32 Million

[EmporerEJ]

Originally Posted by pornlaw

Please explain further... I dont think we are talking about the same thing.

Well, it's a bit more complicated, and expensive, "getting" a trademark.....
First, one must demonstrate "use in commerce, or intent to use in commerce," then, they may object to "subject matter," then comes the inevitable battle with the USPTO, that your wording/category isn't quite right, back & forth a couple times, and then of course, publish for opposition.Providing no opposers, you then go on to publish. After that, maintenance fees at intervals. and, of course, the constant policing.

Unless of course, you are referring to a state trademark?

Yes, a trademark has more "power," once obtained, but everything connected to it is expensive.

Basic Copyright is free.....to every red blooded free American.
Registration of a "body of work" is economical, and allows for high damages when violated. It's almost never challenged for registration. (Is there even a vehicle for challenging it? Not sure)

But there SURE is with trademark!



But still, an interesting strategy.