It’s no secret that many people are quite confused about how patents, trademark and copyright law work at times. In fact, we’ve frequently pointed out that it’s rather unfair to lump trademarks in with copyright and patents, because trademarks are so different. Whereas copyright and patents are all about a right to exclude via a monopoly privilege, trademark is about consumer protection, and is under an entirely different part of the constitution. Unfortunately, those who favor the “intellectual property” terminology have lumped the three together, leading many people to falsely believe that trademarks are effectively similar to patents and copyright — especially with respect to the right to demand no one else can use a trademark in any way without permission. As folks like Leo Stoller have learned the hard way, that’s simply not true.
However, it doesn’t stop some of the more amusing claims from folks who do think that they have extreme control over a trademarked term. Reader darus67 points us to the the website of one Dr. Ann De Wees Allen, who makes it quite clear she has a trademark on her name, and anyone using it without permission will be in trouble — via redwolf.newsvine.com