Re: Mastermind: trademark problem?

["Luis Villa" <luis tieguy org>]

On 7/3/07, Filippo Argiolas <filippo argiolas gmail com> wrote:
> Il giorno mar, 03/07/2007 alle 00.15 -0400, Luis Villa ha scritto:
> > FWIW, it is probably a problem, at least in the US; Pressman Toy
> > Corporation filed ten years ago for a Mastermind trademark for
> > "computer game programs."  (Serial number 75399819 - potential working
> > link here: http://tess2.uspto.gov/bin/showfield?f=doc&state=57q9rc.2.1)
> > Given the vast numbers of online clones, I can't imagine the mark
> > would stand up if it were challenged (it is currently 'published for
> > opposition' and could be opposed for a fee + legal time) but that
> > would require someone actually doing the work and spending the money.
>
> > Hope that is at least slightly helpful-
> > Luis
>
> Thanks for your searches, I must have missed this entry when I look for
> that in the past..

I'm not 100% sure, but despite the filing in 1997, it looks like it
may have only been published last month. I wish I understood the
trademark system better so I could give you more useful commentary on
that.

> Given that I'm not interested in opposing the mark.. Do you think that a
> name change would be necessary at this point? Would it be a risk to wait
> for Pressman Toy to say something? I'm ready to change name peacefully
> if they will ask.

It seems unlikely (though not impossible) that they would seek
damages, so the likely worst case is that it gets used and we have to
change the name at some point down the road. I'm not the best person
to weigh that risk, though.

Luis