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Re: New Tarzan stories based on the first Tarzan novels?

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Will Dockery

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Apr 1, 2008, 2:19:55 PM4/1/08
to
On Mar 31, 9:02 am, Bob Hughes wrote:
> On Sun, 30 Mar 2008 09:33:07 -0700 (PDT), "Pat O'Neill" wrote:
> >On Mar 30, 1:29 pm, Bob Hughes <BOBHUG...@TTLC.NET> wrote:
>
> >> Actually, no. Copyright trumps trademark. The Supreme Court has ruled
> >> several times that trademark law cannot be used to extend expired
> >> copyrights.  So, yes.  People can create new Tarzan stories based on
> >> the first Tarzan novels.
>
> >You sure about that? How can they market them without using a
> >trademark they do not own?
>
> Because they can use the trademark, because without the copyright the
> trademark is invalid.  If you think that doesn't make any sense argue
> with the Supreme Court.

Okay, it's been established that Tarzan of the Apes [and apparently a
few of the sequels] are public doman, and the novels themselves can be
republished, new cover art, as several publishers have done, but are
comics, film and other adaptations really included, or just the actual
text of the novel?

And /new/ Tarzan stories based on the first Tarzan novels?

--
Ozone Stigmata by Will Dockery and Henry Conley
http://www.archive.org/details/OzoneStigmataByWillDockery

> Bob Hughes
>
> "I am perpetually awaiting a rebirth of wonder." Lawrence Ferlinghetti

Duggy

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Apr 1, 2008, 11:29:13 PM4/1/08
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On Apr 2, 4:19 am, Will Dockery <will.dock...@gmail.com> wrote:
> Okay, it's been established that Tarzan of the Apes [and apparently a
> few of the sequels] are public doman, and the novels themselves can be
> republished, new cover art, as several publishers have done, but are
> comics, film and other adaptations really included, or just the actual
> text of the novel?

> And /new/ Tarzan stories based on the first Tarzan novels?

There wouldn't be copyright problems unless you included later
copyright stuff (AFAIK), but you'd still have to deal with tm issues.

===
= DUG.
===

Will Dockery

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Apr 2, 2008, 1:18:22 AM4/2/08
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On Apr 1, 10:29 pm, Duggy wrote:

> On Apr 2, 4:19 am, Will Dockery wrote:
>
> > Okay, it's been established that Tarzan of the Apes [and apparently a
> > few of the sequels] are public doman, and the novels themselves can be
> > republished, new cover art, as several publishers have done, but are
> > comics, film and other adaptations really included, or just the actual
> > text of the novel?
> > And /new/ Tarzan stories based on the first Tarzan novels?
>
> There wouldn't be copyright problems unless you included later
> copyright stuff (AFAIK), but you'd still have to deal with tm issues.

Since the public domain piece is titled ''Tarzan of the Apes'' Then
the comic book or film could also be titled the same, or would there
be a trademark problem with using Tarzan on the cover?

And where do you suppose other public domain works using ''Tarzan'',
such as the Herman Brix films linked below... could that be why these
sorts of items haven't turned up in the ''dollar dvd'' bins along with
other pd material?

http://www.archive.org/details/new_adventures_of_tarzan

and

http://www.archive.org/details/tarzan_and_the_green_goddess

The trademark is in the name, or particular /images/ of Tarzan?

--
Will Dockery and the Shadowville All-Stars
http://www.myspace.com/shadowvilleallstars

> ===
> = DUG.
> ===

Bob Hughes

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Apr 2, 2008, 8:30:16 AM4/2/08
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All I know about copyright vs trademark issues:

http://law.fordham.edu/ihtml/page3.ihtml?imac=1137&pubID=500&articleid=2180

Article is entitled: Able to Leap Trademarks in a Single Bound.-
Beware! It's 46 pages long and is probably over 50% footnotes.

Duggy

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Apr 2, 2008, 8:47:34 AM4/2/08
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On Apr 2, 10:30 pm, Bob Hughes <BOBHUG...@TTLC.NET> wrote:
> Beware! It's 46 pages long and is probably over 50% footnotes.

I find teh more I read about C&TM the less I end up knowing about it.

So I'll give it a try.

===
= DUG.
===

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