Message

Odp: Re: Two Creeds?

From: "Agnieszka" <agiecreed@GO2.PL>
To: <CREED-DISCUSS@WINDUPLIST.COM>
Date: Wed
11 Jul 2001 10:53:39 +0200

Message

Yeah, seems like they got their name first...But if it will mean anything I haven't heard anything about a band called Creed from Finland before, I don't think they're very big.

And one more thing - when you chose a name for your band - don't you have to check if the name wasn't already taken? Or it isn't that way?

Well...I don't know about the laws in Europe...:(

Agie

----- Original Message -----

From: King_Dovregubben

To: CREED-DISCUSS@WINDUPLIST.COM

Sent: Wednesday, July 11, 2001 6:46 AM

Subject: Re: Two Creeds?

Well... actually, given the fact that the Finland Creed had their name first, the American Creed can't do shit.

-----Original Message-----
From: Creed Discussion List [mailto:CREED-DISCUSS@WINDUPLIST.COM] On Behalf Of Keith Mears
Sent: Tuesday, July 10, 2001 9:33 PM
To: CREED-DISCUSS@WINDUPLIST.COM
Subject: Two Creeds?

Okay, Debbi asked the question earlier about whether or not a U.S. copyright would have any implications on a foreign band. Well, I did a little digging and came up with the following, from the U.S. Code, Chapter 4 (Tariff Act of 1930).
(Incidentally, I mentioned "copyrights" in my orginal post on the thread, but it should be "trademarks"; sorry for the mix-up):

Sec. 1526. Merchandise bearing American trade-mark

(a) Importation prohibited
Except as provided in subsection (d) of this section, it shall be unlawful to import into the United States any merchandise of foreign manufacture if such merchandise, or the label, sign, print, package, wrapper, or receptacle, bears a trademark owned by a citizen of, or by a corporation or association created or organized within, the United States, and registered in the Patent and Trademark Office by a person domiciled in the United States, under the provisions of sections 81 to 109 of title 15, and if a copy of the certificate of registration of such trademark is filed with the Secretary of the Treasury, in the manner provided in section 106 of said title 15, unless written consent of the owner of such trademark is produced at the time of making entry.

So, the basic gist is, as long as the Finnish Creed does not sell it's records in the United States, then the American Creed has no legal ground for action.