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Old 03-30-2009, 12:13 PM   #14
mjposner began at the beginning.
Posts: 10
Karma: 10
Join Date: Jan 2007
Location: Sunny South Florida
Device: Kindle 2 and iPhone
Originally Posted by Elsi View Post
Ah now -- after sending $3.99 to Posner (I'd like to be more polite but don't know whether to say Mr. Posner or Ms. Posner), you can print off your own copy of the book from the PDF file.

Of course, I'm wondering if Posner obtained the intellectual property rights to "Dewey, Cheatum, and Howe" from Click and Clack, the Tappet brothers. From their web site at, it clearly states, "CAR TALK, DEWEY, CHEETHAM & HOWE, SHAMELESS COMMERCE, and WARPED DISCS are registered trademarks, and CLICK AND CLACK is a trademark, of Tom and Ray Magliozzi and/or Tappet Brothers Associates d/b/a Dewey, Cheetham & Howe." Does simply changing the spelling from "Cheetham" to "Cheatum" avoid any trademark problems?

I wrote this book in 1992 originally, predating Click and Clack:

Goods and Services IC 025. US 022 039. G & S: T-shirts, sweatshirts and hats. FIRST USE: 19950901. FIRST USE IN COMMERCE: 19950901

Therefore I have a first use common law trademark.

Second you can have multiple matching names so long as there is no confusion in the consumer mind. My use is a lawyer/writer, there use is for clothing.
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