No nuts, do it!
Posted by Steve Kraus (Member # 476) on 09-30-2016, 11:50 PM:
I am not a intellectual property attorney but it seems to me that anything else in the motion picture film industry would be close enough to be infringing in the sense of causing confusion. Look at the original post...the question is asked whether it was made by FT. That's proof of confusion right there.
A Filmguard pizza place...fine. Maybe even the x-ray protective sleeves for photo film using that name. But another product having to do with motion picture film handling and preservation? Infringing.
Note that it is not required to register a trademark to gain protection. But it is extremely helpful if you want to go after infringers.
But what about if you have registered it and cancelled it? I don't know about if it was intentionally cancelled. But if it simply expired, it does not mean rights were abandoned.
http://www.waltmire.com/2015/04/24/lapse-of-trademark-registration-is-not-abandonment/
The gist of that article:
The Court stated, “...cancellation of a trademark registration does not necessarily translate into abandonment of common law trademark rights.”
A trademark is abandoned if (1) its use in commerce has been discontinued (2) with no intent to resume use. The Lanham Act provides “[n]onuse for 3 consecutive years shall be prima facie evidence of abandonment….” 15 U.S.C. § 1127. This means that after three years of nonuse there is a presumption that the mark has been abandoned. But, the trademark owner can rebut that presumption by presenting evidence that during the three years the owner formulated an intent to resume use of the trademark in commerce.
Posted by Steve McAndrew (Member # 8865) on 10-05-2016, 01:31 AM:
Are FilmGaurd and the media pads still produced and easily available? It's a while since I bought a bottle.
Thanks
Posted by Bill Brandenstein (Member # 7758) on 10-05-2016, 12:10 PM:
Umm, yes, dealers and products are still listed on this site.
Posted by Mike Heenan (Member # 392) on 10-05-2016, 07:42 PM:
How many of those dealers are actually still in business? I've emailed several over the last year or so about various different things I need and none have responded.
Posted by Bill Brandenstein (Member # 7758) on 10-05-2016, 10:44 PM:
Permit the amateur to chime in again: Momentcatcher is alive and well. Can't speak for the other companies.
Posted by System Notices (Member # 2357) on 11-30-2017, 11:57 PM:
It has been 421 days since the last post.
Posted by Carl Martin (Member # 1146) on 11-30-2017, 11:57 PM:
but does momentcatcher still sell film-tech products? couldn't find filmguard under "cleaning products" there or anywhere else. just when i'm getting kelmars mounted on a couple e7's.
Posted by Bill Brandenstein (Member # 7758) on 12-01-2017, 06:05 PM:
I contacted them since my last post and no, they no longer carry FilmGuard. You have to find another dealer, or just go with it from Amazon for $80.
Posted by Mark J. Marshall (Member # 1409) on 12-01-2017, 10:01 PM:
Doesn't look like Amazon has it either.
Posted by Brad Miller (Member # 2) on 12-01-2017, 10:06 PM:
Temporarily out of stock. Getting harder (and more costly) to make additional batches since it's not being manufactured in bulk anymore. Should be back online and available in about 2 weeks.
The amazon link is our direct store, so it ships directly from us.
Posted by Carl Martin (Member # 1146) on 12-01-2017, 11:14 PM:
ah, good to hear it'll be available again. i'll check back in a couple weeks.