Copyright and Trademarks:
the Words
As we all know the issue
of trademark and copyright protection on the Internet is a vexed issue and
one which is still in the process of settling down.
We thought that it would be helpful to lay out TDV's strategy for protecting Douglas Adams' trademarks and copyrights.
On the legal side, TDV is represented by Olswang in the UK and by Manatt Philipps Phelps in the USA.
TDV will constantly monitor the use of Douglas Adams' trademarks and copyrights but to date we can see that references to Douglas' work and use of his trademarks falls into a number of different categories. The basic division for Internet sites which use the Hitch Hiker's Guide to the Galaxy (HHGG) brand or related characters and names in any way is between:
Commercial: sites which use any sort of HHGG association either as or
to promote a commercial operation.
Non-Commercial: sites which have an HHGG association but which do not
use this to promote a commercial operation.
The next level of split is the way in which they use an association with the HHGG:
Sites whose sole objective is to provide information about the HHGG.
Sites which use an association with HHGG in support of other objectives.
And, finally, the way in which they do this:
Sites which are associated via a HHGG-related domain name.
Sites which use HHGG references and ideas but which don't use an HHGG
domain name.
TDV'S POLICY
Commercial & Solely HHGG
If a site is that of a commercial operation and sells or trades HHGG content, then TDV will act to stop it. If they are using an HHGG domain name, we will challenge their use of it. We urge anyone engaged in such a commercial operation to cease and desist immediately.Non-Commercial & Solely HHGG
If a site is creating or providing information about the Hitch Hiker's Guide to the Galaxy on a non-commercial basis and is not using an HHGG domain, we'll happily include them in our round-up of HHGG sites, as long as they acknowledge TDV's intellectual property rights and do not breach the copyrights or trademarks of TDV or others.If a site is using an HHGG-unique domain the same applies.
Commercial Enterprises using an HHGG association for other content
If a site is using HHGG ideas and names in support of any commercial operation and is using an HHGG domain name, TDV will act to prevent this. We urge anyone engaged in such activities to cease and desist immediately.If the site is using an HHGG domain name for entirely other content, TDV will act to ensure that the site acknowledges TDV's intellectual property rights, and agrees to a link from their main site entry point to TDV's HHGG service (or other such destination as we may nominate).
Common issues
All sites using any HHGG association will be checked for breaches of Douglas' and TDV's intellectual property rights.All sites containing HHGG content, or using an incontestable HHGG-related name, will need to acknowledge TDV's intellectual property rights and will be asked to agree to a link from their main site entry point to TDV's HHGG service (or other such destination as we may nominate).
