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Originally posted by DeltAlum
I don't think that who the original user is/was matters. It's who registers the mark first. Maybe some of our lawyers or law students can help out here, but that's my impression. It isn't really a patent question -- closer to copyrite it would seem to me.
Sometimes these things seem pretty petty, but we had a local high school who used to call themselves the "Olympians" and were sued (or maybe just threatened) by the US Olympic Committee and forced to change their name.
In the case being discussed, Playboy would probably never have found out about the fraternity using the bunny symbol if there had not been damage, injuries and negative publicity.
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You're right, you patent objects, not words/symbols...it's an issue of using a registered trademark with permission/compensation. HA! and i'd never believe that this fraternity came up with the bunny logo before Hugh Hefner, that's highly doubtful. Playboy has been in circulation since the 1940's and seeing as how KAPsi has been in existence since 1911, we probably would have heard about it by now
Though Playboy's going to have an interesting time if they want any substantial damage award...they're going to have to figure out the extent of the flier circulation to figure out the damage to their reputation....well, though now so many people have heard through the papers, it might actually be easier than before!