[Mccoypottery-talk] Counterfeit Response

Trey Triggs trey2287@hotmail.com
Wed, 21 Apr 2004 15:54:17 -0500 (Central Daylight Time)


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I thought I'd let you know that I got a response on my Congressional Inquiry
on McCoy counterfeit objects.  =0D
 =0D
The Department of Commerce forwarded my complaint to the US Patent and
Trademark Office (USPTO).  Their reply was "...USPTO has no authority over
the matter of concern..."  They did state "...that a Federal trademark
registration is not necessary to sue unauthorized users of a mark for unfair
competition.  Rights in the use of marks in commerce can accrue under common
law principles of unfair competition.  However, it is for a court to weigh
the evidence presented..."  They further stated that it is a private legal
question and further inquiries should be done with an attorney.=0D
 =0D
So, I guess if this matter is to be settled there are two avenues:  1.=20
Educate the masses.  2.  Class Action Lawsuit.=0D
 Thanks!=0D
Trey
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