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re: sued for dumpster diving! help?
11 sep 2001
wrote:
>shineone@bellsouth.net (divebomb) wrote:
>>...i sold these instruments on ebay and every add stated just exactly
>>what it was: a sawn in two-put back together 2nd factory scrap from
>>the 70's gibson guitar.
>...you can put the instruments back together and use them for your own
>personal enjoyment. but you can't recreate somebody elses instruments
>and sell them.
why not? and if selling them is illegal, why isn't putting them back
together for personal use? that would also be illegal, if the design
were patented, and he reproduced it from scratch...
>if you use the name gibson when you're selling them, you're infringing
>on their trademark.
if i advertised my used car for sale as a honda, would i be infringing
their trademark? :-)
>if you use their designs and simply fix them, you're infringing
>on their copyright.
maybe not, if the original owners allowed the copyrighted items to
escape into the public domain 20 years ago. the law does not reward
those who sleep on their rights.
nick (registered us patent agent, which is what they call you, inter alia,
after you pass the us federal patent bar exam without a law degree.)
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