Am I Reading This Right?

[Steph]

Did someone re-register the Akro logo this year?

http://www.legalforce.com/aakro-agates-shoot-straight-as-a-kro-flies-85834165.html

Filing date 1/28/2013 ????

How would that be allowed? What does it mean? Someone would have the legal right to make reproduction packaging ... and would be the only one with that right?

Edited September 11, 2013 by Steph
Edited to add picture

[sissydear]

they've added an extra "A" in the name. Maybe that's how it's allowed. The logo looks the same though. If a patent has run out or ownership of a name has run out, I guess they can do it.

[sissydear]

I don't remember the old crow having 3 marbles either. Did they?

[Steph]

On my Akro box the crow has one in its beak and one in each claw.

The trademark owner: Rhyne & Son, Inc.

... who call themselves "The name in Quality Antiques & Reproductions for over 40 years".

www.rhyneandson.com

[Steph]

After a company goes out of business it's natural they would let their trademarks lapse. So then if the trademark has lapsed then lots of people could theoretically use it for their projects, right?

It doesn't make sense that someone else could take ownership of it ... unless it was sold to them by the owner. Master acquired rights to the Akro name after Akro closed. So if Master passed the rights on to someone else and Rhyne & Son received it that way, then that sounds odd but okay.

But if this is a case of someone scooping up expired trademarks ... that seems wrong somehow. Like trying to copyright something which is already in the public domain.

Any lawyers here who could set me straight on this?

[Gnome Punter]

Oh this is bad lol

Rhynes is a "knock off" distributor here where I live. They are 16 miles from me.

When ever you see reproductions of Cast iron banks, Black Americana and so on, it is produced by Rhynes.

NOW...Rhynes motivation, in my meager view, would be for glass ware and the such as they deal mainly in home decor and secondly in reproduction collectible pieces. Not sue if they will be buying marble machines and cranking out new Akros,but if they did buy this,expect the market to be flooded with reproduction glass ware with the Akro stamp on them

[Gnome Punter]

The down side is it specifically says marbles in the description...oh this is bad lol

[William Marbles]

Well i went over and had a look.

Here's what what they submitted:

http://tsdr.uspto.gov/documentviewer?caseId=sn85834165&docId=FTK20130131072359#docIndex=12&page=1

Hmmmm.... Interesting.

One thing I noticed right off the bat. Was the word's 'Trade Mark' are missing on this new logo.

As far as this box goes. I don't see the metal clips on the corners. I guess also they would have to have the 'choke hazard' on it somewhere. ???

I always wondered how this place was able to get away with doing this.

http://www.zazzle.com/csnider/gifts

[idigjars]

Very informative post. Thanks to all for sharing with us. Paul

[Steph]

Well i went over and had a look.

Here's what what they submitted:

http://tsdr.uspto.gov/documentviewer?caseId=sn85834165&docId=FTK20130131072359#docIndex=12&page=1

Hmmmm.... Interesting.

One thing I noticed right off the bat. Was the word's 'Trade Mark' are missing on this new logo.

As far as this box goes. I don't see the metal clips on the corners. I guess also they would have to have the 'choke hazard' on it somewhere. ???

I always wondered how this place was able to get away with doing this.

http://www.zazzle.com/csnider/gifts

Thanks for the better link and the extra pic. Wow. That's incredible that they would be allowed to lay legal claim on someone else's old logo.

Before this I wouldn't have seen any impediment to Craig making Akro shirts at Zazzle. No one owned the trademark on the logo (I presume). Anyone and everyone could use it for fun repro items (I presume). Now, Rhyne owns it and Craig's shirt project and repro box projects could be in violation of the law?

So .... did the patent office just not recognize it as someone else's old logo? Or is there nothing wrong with taking someone's old logo as your own, legally and exclusively as long as you pay the fee and express a credible plan to use it in commerce?

[Steph]

Hopefully they do have to have the choking hazard warning.

I had no idea what I had stumbled onto when I did my usual casual Akro googling last night.

[zaboo]

I left a review for them.... lol anyone can!