Trademark Question Green Cross

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Falafel
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Trademark Question Green Cross

Unread post by Falafel » Wed Sep 11, 2019 10:56 am

Purely out of interest sake... but relating to another matter which is not really important for now...

https://www.businessinsider.co.za/green ... ded-2019-9

Green Cross brand name (shoes) value been written down to zero... does this mean that the name is now available for anyone? The company has likely written off for tax reasons and got a healthy deduction so surely wouldnt have a leg to stand on if someone else took the name and used it without paying for it :?: Kind of cake and eat it thing...
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Re: Trademark Question Green Cross

Unread post by Whirly » Wed Sep 11, 2019 11:08 am

"brandsman" here on AvCom should be your go to man for that. :D

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Re: Trademark Question Green Cross

Unread post by Deanw » Wed Sep 11, 2019 12:06 pm

The accounting treatment of an investment and copyright/trademark use are two completely different concepts.

So no, you cannot use the trademark as long as it is owned by someone else, no matter what value the owner has placed on it.
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Re: Trademark Question Green Cross

Unread post by rainier » Wed Sep 11, 2019 2:05 pm

Here in SA you can use any trademark as you please it seems.

From somebody I know well:

Owns a trademark for his transport company. A very well known one. Then some knockoffs start with exactly the same name. You ask the offender to refrain from using your trademark. Nothing of the sort happens. You get lawyers involved. Money starts to flow like water. Court case after court case. Postponements, appeals, the whole shooting match. Eventually you realize you are throwing good money after bad and give up.
That's reality.

I still see the knockoffs driving around with the stolen trademark all over the country.
Who said the sky is the limit ? I think not.
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Re: Trademark Question Green Cross

Unread post by C Africa » Wed Sep 11, 2019 3:13 pm

Actually the recognition of intellectual capital is something that the whole world only pays lip service to. Remember old Rubik's cube? EVERY person in the whole world knew that the toy manufacturers stole old Rubik's idea. Now show me ONE country that said "you can't sell those in this country because it is stolen goods".

And then these same governments make a mockery of themselves by running campaigns where they tell you, that if you buy stolen goods, you are supporting crime!!!!



C
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Re: Trademark Question Green Cross

Unread post by Falafel » Wed Sep 11, 2019 3:25 pm

Just seems rather contradictory to say something is worthless, obtain tax deductions and then stop anyone else from using it... I get that there are separate things at play here in principle but still... if one writes something off as worthless, obtains a benefit from this action then defends someone else using it they are acknowledging that it in actual fact may have worth...
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Re: Trademark Question Green Cross

Unread post by Deanw » Wed Sep 11, 2019 4:01 pm

Falafel, appears you missed my opening remark:
The accounting treatment of an investment and copyright/trademark use are two completely different concepts.
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Re: Trademark Question Green Cross

Unread post by Darren » Sat Sep 14, 2019 12:20 pm

C Africa wrote:
Wed Sep 11, 2019 3:13 pm
Actually the recognition of intellectual capital is something that the whole world only pays lip service to. Remember old Rubik's cube? EVERY person in the whole world knew that the toy manufacturers stole old Rubik's idea. Now show me ONE country that said "you can't sell those in this country because it is stolen goods".

And then these same governments make a mockery of themselves by running campaigns where they tell you, that if you buy stolen goods, you are supporting crime!!!!



C
Rubik actually licensed the patents to Ideal Toy in the 1970s, and they obtained the trademark on the ‘Rubik’s Cube’ name with his consent. Nobody stole the idea. That trademark is now owned by Mattel, which bought Ideal.

The patents, however, have long expired. That means that anyone is free to make a 3D cube puzzle that looks and works exactly like a Rubik’s Cube, as long as they don’t call it that specific name. That’s the correct outcome, we don’t want patents to last forever or else first movers would forever be monopolies.

Trademark and patent infringement is also not a crime but a civil violation.
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Re: Trademark Question Green Cross

Unread post by C Africa » Sun Sep 15, 2019 8:23 am

Darren wrote:
Sat Sep 14, 2019 12:20 pm
C Africa wrote:
Wed Sep 11, 2019 3:13 pm
Actually the recognition of intellectual capital is something that the whole world only pays lip service to. Remember old Rubik's cube? EVERY person in the whole world knew that the toy manufacturers stole old Rubik's idea. Now show me ONE country that said "you can't sell those in this country because it is stolen goods".

And then these same governments make a mockery of themselves by running campaigns where they tell you, that if you buy stolen goods, you are supporting crime!!!!



C
Rubik actually licensed the patents to Ideal Toy in the 1970s, and they obtained the trademark on the ‘Rubik’s Cube’ name with his consent. Nobody stole the idea. That trademark is now owned by Mattel, which bought Ideal.

The patents, however, have long expired. That means that anyone is free to make a 3D cube puzzle that looks and works exactly like a Rubik’s Cube, as long as they don’t call it that specific name. That’s the correct outcome, we don’t want patents to last forever or else first movers would forever be monopolies.

Trademark and patent infringement is also not a crime but a civil violation.
Yes I know, but when the Hong Kong based toy manufacturers flooded the world with the toy, they did NOT have any rights to the name or the intellectual property!!!


C

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