lordpasternack wrote:Mai - I meant that others involved may have been those who TOOK the "design" and got all the products of it made. Josh gave the inspiration, they did the perspiration. The countersuit is about who owns the design, not who did work with that design to make products for
RDF. And a small fact probably is that they're not suing Richard because they're not wankers.
As for making something scarlet being an example of any genuine kind of design work - oh give me a break! The symbol may still be reallyneat and clever. Maybe Josh is a GENIUS font-picker and colourer! But, well, I don't see any kind of actual work involved at all.
I also think it's problematic, to put it mildly, to try to claim copyright for a single letter (presumably in any colour) that is already part of a standard font that is naturally already someone else's copyright, and subject to copyright law corollary to that. If the font is leased for free
commercial use - then I could theoretically use that font's "A" on my products all I fucking want. And RDF can like it. And the courts can laugh at Josh. And if not, the owner of the font might want to have words with RDF…
Has there been a countersuit yet? Or, is it an anticipated countersuit? I couldn't find any countersuit noted on the docket the other day.
In the US, a person's copyright attaches or arises at the time a "work" (writing - design - drawing - whatever) is created. At the creator's option, he may register the copyright with the US Library of Congress, Copyright Office. A logo may also be registered as a trademark if it is used in commerce or intended to be used in commerce in connection with particular goods and services.
I did a quick trademark search at uspto.gov, and found nothing under Timonen or Upper Branch. At the copyright office, there are two registrations filed by Upper Branch - Atheist Alliance International and some Pat Condell Anthology.
http://cocatalog.loc.gov/cgi-bin/Pwebre ... HC=2&SID=4 - anyone involved in those organizations may be well served to check their paperwork to make sure Josh did not reserve ownership....
I didn't check the non-US trademark and copyright registration databases, and the US is not the only registration repository, but since Josh is in California it's likely he'd register in the US. California probably has its own registration office too, but I didn't check there.
As for using the A, and whether it's a common font - that issue could either be identified during registration, where a government examiner identifies it as too generic or obvious to be registrable. Or, the issue can still come up in an infringement dispute - and it becomes a question of proof.
How much do you want for it? 
