Brian,

I know there are differences between copyrights and trademarks, but for the purposes of our discussion here, I would submit that "Who's ya Daddy? Family Tree Research Services" (the company you pointed out) would have a more legitimate issue with your original design than the company that complained. Funny thing is that they claim neither Copyright nor Trademark on their website.

Reading some of the trademark claims by the Who's Your Daddy company in California, it would seem that they are trying to claim all uses of the phrase as their property (I included a list of the trademarks claimed below for your reading pleasure, if you so desire). I personally think that someone with a legitimate use to the phrase and deep legal expense pockets could squash that small company's claims as being over reaching and unable to conduct business in the specified market (which is what trademarks are intended to protect). This idea is proved by the trademark filed by Fox Television Studios (third to the last entry in the list below). The only trademarks that really count are the ones held by the Florida company, Who's Ya Daddy, which holds the trademark for t-shirts and other clothing (last two entries in the list below).

On a side note, I'd suspect that the California company has failed to have a positive cash-flow since their first claim to the phrase (1999). It is my understanding that the IRS has issues with small companies failing to have a positive income at least once during their first five years; they use this as a litmus test to determine the difference between viable business adventures and hobbies. Oh well, I digress...

All opinions expressed by me are my own and are not intended to constitute legal advice...

Cheers :)
Matt

Who's Your Daddy Trademarks:

"WHO'S YOUR DADDY"
(REGISTRANT) WHO'S YOUR DADDY, INC. CORPORATION CALIFORNIA 5840 El Camino Real Suite 108 Carlsbad CALIFORNIA 92008


"WHO'S YOUR DADDY STYLE WITH AUTHORITY"
(REGISTRANT) WHO'S YOUR DADDY, INC. CORPORATION CALIFORNIA 5840 El Camino Real Suite 108 Carlsbad CALIFORNIA 92008


"WHO'S YOUR DADDY"
(REGISTRANT) Fox Television Studios, Inc. CORPORATION DELAWARE 10201 West Pico Boulevard Los Angeles CALIFORNIA 90035


"WHO'S YOUR DADDY"
(REGISTRANT) Who's Ya Daddy! Inc. CORPORATION FLORIDA 712 U.S. Highway One, Ste 400 North Palm Beach FLORIDA 33408


"WHO'S YA DADDY!"
(REGISTRANT) Who's Ya Daddy! Inc. CORPORATION FLORIDA 712 U.S. Highway One, Ste 400 North Palm Beach FLORIDA 33408




----- Original Message ----
From: Brian Matherly <brian@gramps-project.org>
To: Matthew Babcock <babcockmatthew@yahoo.com>; gramps-devel@lists.sourceforge.net; gramps-users@lists.sourceforge.net
Sent: Friday, December 28, 2007 1:33:14 PM
Subject: Re: [Gramps-users] Show Your Support for Gramps

Matthew,

> I think its all a load of hog-wash, but I'm no lawyer... 

I think that's where the difference between copyright
infringement and trademark infringement comes in. I
don't exactly know the difference, but I do know they
are different. I'm sure one applies differently to
songs than the other.

>(all were non-genealogy usages)...

At least one company uses a variation of it:
http://www.whosyadaddy.biz/

~Brian



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