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In Reply to: Sheeeeeeesh! He employed NO DUE DILIGENCE in stopping others from borrowing reference to his book's title! posted by Audiophilander on June 21, 2004 at 11:50:27:
Nice logic you have. Crooked as usual. Each case will be determined on its merits.Notice, I am talking "case", as the final determination is up to the court... meaning - until the hammer falls NO ONE knows the outcome.
If you read your own infringement sentence carefully, you will see that Bradbury does indeed have a potential case there.
Just how exact it has to be would need to be determined, but the phrase "Fahrenheit 451" has a strong ring to it, known to every educated person, so making it "Fahrenheit 452" would not make it different enough. Mention a distorted phrase, say, "Fahrenheit 350" to anyone, and which name will pop up?
Damn right, Bradbury's. And I am sure Ray has the right to want it stay that way.
I don't think author's diligence in stopping others is an issue, but his unique identification with the coined phrase is.
And certainly Moore's use of it DOES "dilute" the Bradbury's trademark, and therefore, according to your own sentence, there is a potential case.
I am glad you are no longer using the second-grade primitives like "He didn't trademark it!" At least we have been able to establish that he didn't have to.
Progress... one small bit at a time...
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Follow Ups
- But your Honor, murders have been commited before! Why judge me? - Victor Khomenko 12:04:02 06/21/04 (1)
- Yes, "Fahrenheit 452" could even be legally used in some instances (i.e., as in a parody of the author's original work)! - Audiophilander 12:17:57 06/21/04 (0)
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