Coup d'Etat in Neualtenburg

Wake up and smell the coffee. Names can't be copyrighted!

"How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office..."

http://www.copyright.gov/help/faq/faq-protect.html

Good lord, Trademark then.

She has no Trademark on the name, and I did the search.

But contents can, I'd suggest you alter the layout and all place names and content of your City pronto as it violates Ulrika's copyright. The minute Ulrika placed the name Neualtenburg on a map it became a copyrightable property, as did the original layout for her city design.

As someone who has worked in the comicbook medium for 2 decades, I can assure that Neualtenburg as a name is copyrightable by virtue of it's inextricable connection to a visual element as well as it's context within all writings detailing Neualtenburg.

Probably setting myself up to be wrong here, but I believe a trademark can be claimed retroactively if you can prove first use.

It can. Even if someone else files for it first.

"Trademarks include any word, name, symbol, or device, or any combination, used, or intended to be used in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods."

The name has nothing to do with goods of any manufacturer or seller.

You're right it would probably fall into the Service Mark category.

No, it wouldn't. The name has never been used to identify a business, any goods or services. It has been nothing more than a cooperative, not profiting from the name or services provided under the name.

Does she pay taxes on her income from the named services if any?

To register such a trademark, one would need to pay $325 minumum. That's a lot for a mom who just threw away $800 by rejecting the agreement she had originally agreed to.

If Neualtenburg is indeed registered as a non-profit organization then I think that counts as used to identify a business.

It's not. But either way, it's not for commerce.

Sure it is. The sim contains parcels that can be bought and sold. The group also manages payment in real money to LL for the region.

Let's take a different direction to this, Kev.

Why does it matter to you? Do you have some bizarre attachment to a name that doesn't belong to you? I'm curious. Please explain why you feel so entitled to the rights to use a young mother's intellectual property against her will to do so.

Don't get me wrong though, I would love to cleanse our sim of any vestiges of her so we could let her rest in peace. The dirt she has kicked up has tarnished the bright image of a lovely city. The sooner we wash up the faster things will improve. I would like to rewrite every founding document to remove any of her input as well.

You might as well.

She took her IP with her, and that makes me very happy. The name isn't her IP. But I'm willing to toss it anyhow. If it's not too much trouble I would think the City would get rid of it.

I like the name Colonia Tovar

There ya go! See it's easy to be Christian about this

sounds like what she was asking for.

Like I said, if the City wants to, and it's no big deal, I'm sure they will. But she has no right to demand it.

My original idea, when she first came back insisting she be paid, was to remove it all and the name/docs.

Yes. I was advised of this a few weeks ago, which is why I've been so infinitely patient with the negotiation process. I'm on very solid legal ground in regards to the name (both the sim and the website) and even to the layout of the city itself. Additionally, the act of negotiating with me for the purchase of these rights is a public admission of their knowledge of my ownership. Add in the years worth of documentation and they don't have a leg to stand on.

It is simply a matter of time until all IP is recovered step by step and piece by piece. As all of you know, I have infinite patience and superhuman tenacity and will see this through to the end if it takes a decade.

In regards to the trademark, you'll be interested to know that the search is done and the paperwork is complete, I only need to register it with the US$325 fee. My guess is that as the city's citizens move through the five stages of grief, their efforts to pointlessly hang on to a name will fizzle out in the depression or acceptance stage and this will all be moot. If it doesn't, then I'll move forward.

~Ulrika~

What exactly is a Christian way of dealing with things?

Are Christians kinder in some way than non-Christians?

I knew he was going to go there

Don't you have the same question?

Not really, I decided to take it as a comment on your capacity for peace, grace, and justice.

I'm glad you recognize the need for a TM to protect a name. But you are possibly unaware of the fact it is only to protect one product/service commerce from another.

What products and services have you established under the name of the cooperative that is not for profit? BTW, that's a rhetorical question...