Common Law Trademark Rights. Executive summary: Trademark rights arise in the United States from the actual use of the mark.
Thus, if a product is sold under a brand name, common law trademark rights have been created. This is especially true once consumers view the brand name as an indicator the product's source. The BitLaw discussion of common law trademarks is divided as follows: Common law trademarks versus federal registration: Fair use. Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work.
In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship. It provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. Fair use is one of the traditional safety valves intended to balance the public's interest in open access with the property interests of copyright holders. Fair use under United States law[edit] Copyright and trademark notices. " and "PlayStation" are registered trademarks of Sony Computer Entertainment Inc.
Also, "PS4", " " and " " are trademarks of the same company. "XMB" and "xross media bar" are trademarks of Sony Corporation and Sony Computer Entertainment Inc. SingStar is a trademark of Sony Computer Entertainment Europe.