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Trademark law does require vigorous defense in order to maintain the holding: it's "use it or lose it", and very very harsh. But it would only apply in this instance if WhiteDove were to place official MLP logos on her work, or were to otherwise claim she was selling official merchandise. This is not the case. Therefore, copyright law applies instead. A copyright is issued at the creation of an intellectual property and granted to the legal entity with ownership of that creation without them having to do anything. It does not need to be defended in order to be maintained.
Regardless of the motivations behind the cease and desist, WhiteDove would be able to retain her ability to sell plushies if she acquires a license to market products from Hasbro. Since the initial article ran, multiple helpful bronies have suggested this to her on her DeviantART profile, and she has declared in the comments section her intention to seek such a license. We would like to wish her good luck.
Hasbro is jealous that they can't make a plushie as cool as her - LOL.
I wonder if cutie marks are being treated as logos in this case...? I'm not sure how (or if) they're registered. I am still a very interested (and poorly educated) spectator of this whole thing.
Quote from: Bergamot on May 26, 2012, 10:36:34 AMI wonder if cutie marks are being treated as logos in this case...? I'm not sure how (or if) they're registered. I am still a very interested (and poorly educated) spectator of this whole thing. List of Hasbro MLP trademarks http://s90690880.onlinehome.us/trademarks/hasbromlplive.html They've trademarked the names of the mane 6.
It is time to clear up all the misinformation about what is going on.1. I NEVER RECEIVED A C&D, a C&D is an official document from Hasbro.2. I NEVER received anything from Hasbro, I was never contacted by Hasbro3. Hasbro contacted DA and DA ask me to remove my commission prices, ONLY4. I removed the Hasbro names of my own free will, I was not ask to do that5. I was not asked to stop making pony plushies6. Hasbro and DA have been very good about this7. No legal action was taken againest meThis has gotten way out of hand, please pass on these FACTS and nothing elseThank you,Whitedove