PhDiva, as a patent and trademark atty, I can say that yes, you are gneerally right re permission to use trademarks. If the frat has not given permission to use their trademarks, they cannot be lawfully used. HOWEVER (BIG HOWEVER), the question really turns on just what the company is using. They may not be using the trademarks literally. I seriously doubt that Sony would be dumb enough to just use the fraternity's trademarks wholesale like that. I seriously doubt that Sony's legal counsel has not gone through the film with a fine tooth comb. However, anything is possible. I will stand by the fraternity however, b/c they paid good money for their intellectual property (I should know as I see our bills) and, more importantly, they have built up 100 years of goodwill in their trademarks, and if they believe that they are being used unlawfully, I will stand by them and not pay $$ for the film.
ETA: what is interesting is that Mr. Hardy would write this letter. it's almost as if he is *admitting* that he is using the trademarks in a round about kind of way. this might work against him if the Fraternity does haul him (and Sony) into court. i wonder if he got the advice of legal counsel before writing this letter. a phone call woud probably have been better. lol.
SC
Quote:
Originally Posted by PhDiva
Regarding the letter, it was well written and quite compelling but if not officially given the green light to use Alpha trademarks, I don't think legally the movie producers have any other choice but to remove them. It would be nice, but probably unlikely, that we'll ever know if this is about money or ethics.
PhDiva
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