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  • Hey all, just changed over the backend after 15 years I figured time to give it a bit of an update, its probably gonna be a bit weird for most of you and i am sure there is a few bugs to work out but it should kinda work the same as before... hopefully :)

Cannot use the word RED?

Hi,

I see a lot of rental companies changing their name from some variant / combination of the word RED (such as CineRed) to something else. Heard a rumour that they are not allowed to use it because of a clause from RED. Is that true?

We have been Red Wheelbarrow Productions since 2008, named after the poem by William Carlos Williams (1923), I cannot envision there being any conflict of interest or intellectual property issues here. I can however see there being a potential issue if the words "RED" and "CAMERA" appear next to each other in the name of a company. I am interested to hear more on this topic, I mean the studios actually went after a small company making baby jumpers that had "Nobody put's baby in the corner" so nothing would surprise me.

http://blogs.amctv.com/movie-blog/2007/08/lawsuit-alert-n.php
 
I think the short answer is: if you're trying to ride Red's brand to increase your own brand by using Red (and associated trademarks and technologies) in a domain or company name, then you're violating the law. I think the rental companies are the biggest culprits. So RedEpicRental.com is out of the question. If the Red in a name or domain is referencing the Red Digital Cinema brand, then you'd best select another name because Red has the right to send you a cease and desist. They may not enforce it, but out of respect for Red and other users who are obeying the law, I think it is a good policy to not use it.
 
2 minutes of research... Its endless :)

http://www.joinred.com/red/



http://redmusiconline.com/
http://www.red-themovie.com/
http://www.redonline.co.uk/
http://www.reddrivingschool.com/
http://www.reddirect.co.uk
http://www.redhat.com/
http://www.redmusic.com/
http://www.redbull.com
http://www.redcross.org/
http://www.redphotography.com/

redlogo_jpg500x400_0.jpg


red-300x230.jpg


RED_logo_shirt2.jpg


red%2Blogo.bmp


I think CINERED are safe...

Honestly, and this comes from the heart... Anything camera related, worldwide, with RED anywhere it it's name is a bad idea... My 2 cents...
 
Don't let's forget that trademarks are restricted to certain relevant industries/products. Apple was originally allowed the name and the trademark, although The Beatles already had the name/trademark in the music business. Apple Computer's use was legal as long as they stayed out of the music business. Of course, we all know what happened when the iPod and iTunes came around and it was a long drawn out negotiation between the two entities before the challenge to Apple (the electronics company) was settled.

Like someone said previously, if you want to start a yogurt company called Red Mango, you can. Oh, wait, that's already been done. :wink5:

Actually I think apple computer was sued by the beatles Apple early on, and the settlement allowed them to use the brand in Computers and related items as long as it didn't involve music. Then the iPod and iTunes came along and it was a big deal.

However, your basic premise is correc. The Golden Rule of trademark can be summarized in the phrase "the more generic the term used (i.e. Apple; Red; etc.), the more limited the industry and product that can be protected.
 
Actually I think apple computer was sued by the beatles Apple early on, and the settlement allowed them to use the brand in Computers and related items as long as it didn't involve music. Then the iPod and iTunes came along and it was a big deal.

However, your basic premise is correc. The Golden Rule of trademark can be summarized in the phrase "the more generic the term used (i.e. Apple; Red; etc.), the more limited the industry and product that can be protected.

Let me say this one more time, and again this is out of love, there is legal and there is what RED as a company would like each individual to do which is build their own brand without piggy-backing off the company's name. It's simple, why put yourself and nose out there like that?

- PE
 
What do you think other companies would say? Sonyrental, sonycine, arricamerarentals etc.

It doesn't really matter what other companies do. All that matters here is what is right by the law and what is right by Red. I've dialogued with Red's legal team and I can assure you, they are serious about protecting their trademark. Think of their trademark as a picture of your wife or child. You wouldn't want anyone to use those pictures without your direct review and permission. Red is Jim's baby and he has a right to tell us how and where we can use it. Pretty simple really.
 
It doesn't really matter what other companies do. All that matters here is what is right by the law and what is right by Red. I've dialogued with Red's legal team and I can assure you, they are serious about protecting their trademark. Think of their trademark as a picture of your wife or child. You wouldn't want anyone to use those pictures without your direct review and permission. Red is Jim's baby and he has a right to tell us how and where we can use it. Pretty simple really.

good point, Andy.
 
I'll use any original name I want, regardless of whether the word Red is present or not
 
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