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Originally Posted by William Cloud Hicklin
It goes beyond that; it is in fact an imperative created by the nature of trademrk law. You see, a trademark has to be enforced if you want to keep it- if you don't assert ownership continually then the argument can be made, successfully, that the trademark has passed into the public domain as happened to, for two examples, Nylon and Aspirin. Xerox' lawyers were notorious for hurling C&Ds at any and everyone who used "Xerox" as a synonymn for "photocopy," and pretty much succeeded in suppressing it- and it was for that reason. All that's necessary to make such a case is that the trademark-holder has known or even should have known about unauthorized use, and done nothing about it.
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So why do all the other entities continue to use the name Rivendell and presumably have not been approached by the Estate? In fact, given how many do use the name, it would appear that for all intents and purposes the name has passed into the public domain.
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Originally Posted by Mithalwen
It is the the Saul Zaentz company that owns and guards the trademarks as WCH has pointed out , and it is worth pointing out since it is tediously and somewhat odiously fashionable to blame CRT personally for all these incidents.
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Mithalwen, according to the new reports, it was the Estate which contacted the children's camp:
Tolkien Estate makes Alta. camp drop name