Public Forums | General | What's In A Trademark?



Okay. I was going to put this in news, but I might do it there too if it happens because this is certainly news worthy. Maybe someone with knowledge about trademarks etc can shed some light. What is a trademark?

The reason for my question is that Daniel Ricciardo has made it a custom every time he is on a Formula One podium to take his she off and drink champagne out of it. I know it's an Australian regional custom tradition thing, and that is the reason why it boggles my mind how the Formula One governing body can take out a trademark on the "shoey".

What does that mean? Noone else is allowed to do it without permission or what? Because in that case I'm going ahead with my decade old idea of forming IAPBA and taking out a trademark on breathing - the International Association of People who Breathe Air, whereby everyone who wants to continue doing so pays me ten cents.

What is in a trademark?



Lisa Lloyd
CBD, Auckland, NZ

This is relating to things I'm not familiar with so I can't answer in direct relation to what you are asking about.

However,  a trademark is a similar concept to copyright or even a patent. Where you are talking about the intellectual property of someone. An example of a trademark would be a company logo (eg. coca-cola), and if someone else were to use it without permission the owner of the trademark would have every right to sue for it's unauthorised use. It's often tied to the identity of someone or something hence it can be considered a serious infringement for misuse.

In contrast to a copyright which in in relation to a body of work, a song for example, or a patent which is the concept of an idea for something tangible that can be made.

It's not to say you can't use any of these things if you don't own them, just that you need permission to do so, and that you may also be required to pay for that privilege depending on the intended use.

I did an entire module on Business and Law in relation to music contracts, trademarks and copyrights as a part of my degree.

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