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Topic: Spiderman 2 on SR system (and ridiculous trademark argument)
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Daryl C. W. O'Shea
Film God
Posts: 3977
From: Midland Ontario Canada (where Panavision & IMAX lenses come from)
Registered: Jun 2002
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posted 08-02-2004 12:01 AM
Well registered? Sure, but not by Dolby Laboratories. There are lots of SR word mark registratioins, but none (that I can remember ever seeing or able to find) by Dolby Laboratories.
Dolby, Pro Logic, Pro Logic II, Dolby Digital EX, Dolby Digital Surround EX, EQ Assist, MLP Lossless, Auto EQ, Signature Microphone, DMA, Digital Media Adapter, and Auditorium Assist are, according to Dolby.com, registered word marks of Dolby Laboratories, SR isn't one of them. According to the USPTO, though, Dolby SR is one (#1683610) and was registered in 1992.
SPECTRAL RECORDING DD DOLBY STEREO SR (#1682698) was registered in 1992 but was cancelled in 1998.
If you search the trademark database at www.uspto.gov using a structured search using "Dolby" in the "owner" field, there are 108 registrations, a good number of which are dead.
More Dolby Laboratories trademark info at: http://www.dolby.com/tm/
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Martin Brooks
Jedi Master Film Handler
Posts: 900
From: Forest Hills, NY, USA
Registered: May 2002
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posted 08-05-2004 09:13 PM
quote: Steve Guttag Even if Dolby were to be given a tradmark on the letters of SR...it would only apply to their field. The SR of IMAX has nothing to do with sound and can not be confused with a Dolby process. There are a lot of people around the world that have SR after their name.
Not confusing? It was confused on this Board and we're supposed to be professionals. If Dolby had the trademark, they would definitely win such a case.
quote: Steve Guttag
Heck, if there is a Mr. Dolby out there (even if it isn't Ray himself) and they name their son the same name, you would create a Dolby SR/Dolby JR...again hard to enforce a tradmark in that usage.
Nothing to do with it. If Irving Dolby had a son and named the son Irving Dolby, Jr, so Mr Dolby became Irving Dolby, Sr. and DOLBY did have the TM, they could stop Irving from going into an audio, theatrical or video business under the name Dolby SR. A guy named McDonald was forced to change the name of his burger restaurant even though he existed before McDonalds.
quote: Steve Guttag
Then there is Apple's iMac versus IMAX...pretty darn close sounding. However Apple Computer did cross the line when they tampered in the music business with Apple Corp. since Apple Corp. was a music publisher (The Beatles company).
That's based on a contract, not on trademark law. Jobs licensed the name from the Beatles company and the limitation on being in the music business was a contractual clause. I happen to think the Beatles lawyers are in the wrong on this issue because for all practical purposes, their Apple is a dormant company. And Apple the computer company is much more recognized than the Beatles' Apple. Do you think there's anyone out there who thinks the Beatles have anything to do with Apple or vice-versa? (Aside from John & Yoko being in the "Think Different" ad campaign).
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