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Thread: KODAK EVERYDAY® ORIGINAL Legal?

  1. #51
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    Re: KODAK EVERYDAY® ORIGINAL Legal?

    Directly below the main title/banner, it says:

    "Kodak Everyday Requires Lightroom 7.3"

    I think there is no question that the name of the product is "Kodak Everyday Originals" if they refer to it there. They don't say, "Presets Born from Film Require Lightroom 7.3".
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  2. #52

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    Re: KODAK EVERYDAY® ORIGINAL Legal?

    Quote Originally Posted by faberryman View Post
    I thought the brand was Kodak Everyday® Originals. Presents Born from FilmTM is the description.
    Frank, note the TM mark... It says what is their real brand...

  3. #53

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    Re: KODAK EVERYDAY® ORIGINAL Legal?

    Quote Originally Posted by Pere Casals View Post
    Frank, note the TM mark... It says what is their real brand...
    No, that does not signify a "brand". That just means they filed for a trademark for the phrase. They couldn't trademark Kodak Everyday® Originals because it has someone else's trademark within it. Doesn't mean it's not the brand.

  4. #54

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    Re: KODAK EVERYDAY® ORIGINAL Legal?

    Quote Originally Posted by faberryman View Post
    No, that does not signify a "brand". That just means they filed for a trademark for the phrase. They couldn't trademark Kodak Everyday® Originals because it has someone else's trademark within it. Doesn't mean it's not the brand.
    TM is trade mark, R is registered trade mark.

    "Presets Born from FilmTM" is their trade mark as TM says, note that they say "Kodak Everyday® Originals" and not "Kodak Everyday® OriginalsTM" because it isn't their trade mark. When they say "Kodak Everyday®" they are mentioning a registered trade mark that belongs to another company as the disclaimer says.

    Sure they use weasel words, but Mastin Labs emulation is a real operating company and I guess that their commercial wording has been analyzed by specialized lawyers to be legal.

  5. #55

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    Re: KODAK EVERYDAY® ORIGINAL Legal?

    Using the word Kodak is the issue.

    Quote Originally Posted by Randy Moe View Post
    Songs have copyright. Inks are proprietary. As are emulsions. Lens designs have patents. Images have copyright. Pantone color are copyrighted. https://www.pantone.com/about/terms-of-use

    Evidently preset emulations are legal. As defined as a Photoshop action?

    https://support.mastinlabs.com/artic...n-in-photoshop

  6. #56

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    Re: KODAK EVERYDAY® ORIGINAL Legal?

    Quote Originally Posted by Pere Casals View Post
    Sure they use weasel words, but Mastin Labs emulation is a real operating company and I guess that their commercial wording has been analyzed by specialized lawyers to be legal.
    The operative words are "I guess".

  7. #57

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    Re: KODAK EVERYDAY® ORIGINAL Legal?

    Quote Originally Posted by faberryman View Post
    The operative words are "I guess".
    Yes, of course, IANAL. But IMHO it is a good guess.

    Also there is somethig that is for sure, their trade mark is "Presets Born from FilmTM", as the TM says.

  8. #58

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    Re: KODAK EVERYDAY® ORIGINAL Legal?

    Quote Originally Posted by Serge S View Post
    Using the word Kodak is the issue.
    +1!

  9. #59

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    Re: KODAK EVERYDAY® ORIGINAL Legal?

    Quote Originally Posted by Pere Casals View Post
    I'd say that the product name does not contain "kodak"
    I'd say it does. In really big print.

    And I've already stated that using "for Brand XXX" is permitted, which is why your "for Canon" and "for Nikon" examples are both legal and not relevant to this discussion.

  10. #60

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    Re: KODAK EVERYDAY® ORIGINAL Legal?

    Quote Originally Posted by DonJ View Post
    I'd say it does. In really big print.

    And I've already stated that using "for Brand XXX" is permitted, which is why your "for Canon" and "for Nikon" examples are both legal and not relevant to this discussion.
    I think it's relevant, you can print big the commercial literature, their Trade Mark is "Presets Born from FilmTM", not Kodak Everyday®, that is mentioning a Kodak registered trade mark, as R notes.

    But time will say it, if they infringed Kodak's protected assets then they will have problems.

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