RE: Myth or Fact, BDSM emblem

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All Forums >> [Community Discussions] >> Alternative Lifestyles in the News >> RE: Myth or Fact, BDSM emblem

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RE: Myth or Fact, BDSM emblem - 6/30/2006 4:23:54 PM

Kirei

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Joined: 1/1/2004
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If someone tells you that they own the copywrite or trademark (which is where a symbol falls under) ask them for the federal number they have. All patents, copywrites, trademarks and such if you are the owner are given a number. Each of these has the small symbol (c, r, or p) that is seen on many things. TM while meaning trademark does not actually mean a true trademark and established ownership. That is why you see many things with the TM by the logo...which means the symbol is trademarked by them but has not been registered with the federal government(the little r in a circle denotes that) offices and is therefore not exclusively owned by that person/company. The little r, c, or p in the circle does indicate that the symbol, text, work, item, etc. has gone through the proper legal proceedings and is the sole rights of the person/company who owns the number that the copywrite, trademark, and patent office in Washington gave them.
Artists copywrite their stuff by putting their name on works of art, and while this does grant them copywrites to said work, it does not entirely protect them from it being ripped off by others. Now poorman's copywrites and patents are a special case and usually end up in court to determine who the true owner is.

Being an artist, inventor, and engineer I have learned some of this the hard way and some just through the damned red tape it took to get the stupid little number. This number can then be looked at by anyone requesting data on said number. Mostly states usually have 1-2 places where people can go to look up such information. For example in the state I'm in...there is a copywrite, trademark, and patent computer tied into the federal one for looking up such information at one of the local colleges. You must though get permission to use such a machine. I'm not sure if you have to fill out paper work for the your search, and I am not sure if there is a cost for doing so now.

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RE: Myth or Fact, BDSM emblem - 6/30/2006 5:14:08 PM

Caretakr

Posts: 1221
Joined: 6/24/2006
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This is easy to get past.

Sell some, and challenge him to take you to court.

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RE: Myth or Fact, BDSM emblem - 6/30/2006 7:40:07 PM

CrappyDom

Posts: 1883
Joined: 4/11/2006
From: Sacramento
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The whole thing is moot at this point anyway. Because he hasn't enforced the patent, a kid right out of lawschool could show that this is now clearly in the public domain.

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RE: Myth or Fact, BDSM emblem - 7/2/2006 3:31:16 PM

Wicken

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Joined: 3/10/2005
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I've just spent the last hour or so reading everything here including going Quagmyr's website. And it brings 3 questions to mind. One, I have yet to find ANYTHING besides this Quagmyr guy that says he's the original creator of this symbol. And he presents absolutely no proof other than his say so. Two, his original design was for a piece of jewelry. Which IMHO unless photographed is not reproducable in any infringement sense of the word. And Three, his design pictured on his website denotes the 3 "dots" as "holes". He further denounces a similar design "depicting dots" as a variant and not HIS design so it's perfectly o.k. to publicly or commercially display that particular variant. However, his holes look remarkably like dot to me :)
CM itself uses the triskelion and I'm sure its intent is as a BDSM symbol. Perhaps not the "True" symbol of BDSM, but well understood in any case.
If Quagmyr has demanded all that rose has stated he has demanded of others attempting to use this symbol, in MHO he's worse than an opportunist (to quote rose), he's either delusional or dishonorable and in either case just out to get as much as he can from as many as he can. Reading his e-mails I haven't seen anyone dance that well in ages.

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RE: Myth or Fact, BDSM emblem - 7/5/2006 6:48:38 PM

Skuggi

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Joined: 4/19/2005
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We have been looking at symbols and flags for a long time over here.
Quagmyr contacted our website and told us he had the copyright to the symbol - so we simply got permission from Sean Campbell to use his flags along side leatherpride flag and well, Quagmyr can try to sue us for that.

But my understanding is that this symbol has both been used in asia and scandinavia many hundred of years ago so I just cannot see why Quagmyr should have any copyright of it.

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RE: Myth or Fact, BDSM emblem - 7/6/2006 3:23:34 PM

Alumbrado

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The comments about 'federal numbers', 'poor man's copywrites', 'enforcing patents', and 'proof of copyright' are neither correct nor useful.

When a work of art, music, literature, etc. is created, the creator owns the copyright at that moment. Registering the copyright for later protection is a different process, and is also seperate from the process for patents, trademarks, etc.

I have no idea what Quagmyr is doing these days, but the record seems clear that he created that particular version of the triskelion, skyros, triskele, or what have you, quite some time ago.

That and $5.95 should buy him a nice caramel latte.

< Message edited by Alumbrado -- 7/6/2006 3:24:29 PM >

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RE: Myth or Fact, BDSM emblem - 7/15/2006 2:15:42 PM

Damocles809

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"[C]opyright protection lasts for the life of the author plus an additional 70 years." http://www.copyright.gov/help/faq/faq-duration.html

So if it's an "ancient symbol" then the author must have been dead a a while.

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RE: Myth or Fact, BDSM emblem - 7/21/2006 4:14:20 PM

amystery

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Joined: 4/27/2006
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As an artist in the scene, I feel I should probably say something. One of the symbols floating around is one of my creations and was taken without my permission. Its one of the triskeles. No, not one that I've seen linked in this article. Personally it doesn't really bother me because I did it for myself and it finding use outside me showing it to my friends is pleasing. Sure, if someone had offered to license it from me I'd have been happy to take their money, but I'm not going to get terribly upset over something I can't control.

I also find it amusing that I created the image long ago, before I knew about this lifestyle. I was doing it more as an art exploration of the yin-yan symbol. It is interesting the cycles of the universe.

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RE: Myth or Fact, BDSM emblem - 7/23/2006 8:46:56 AM

Nosathro

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Joined: 9/25/2005
From: Orange County, California
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Hello

I would like to add something to this thread. I going back to making collars and one I have designed does use the Celtic Tri that is also associated with the BDSM Lifestyle. I have been in contact with a Jeweller who makes them and is now one of my suppliers. The Celtic Tri itself is not copyrighted, it has been around a long time and no one has previously claimed it. Now the Jeweller work is protected under copyright laws because the person created the Jewelry. I hope this helps.

I wish you well

Nosathro

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