Fox News host and former US Patent and Trademark Office (USPTO) director Charles Ghebrey asked trademark lawyers what the difference is between “patent” and “copyright.”
He did not answer any of the questions but did say that trademark law “is not just about patents, it’s also about copyright and trademarks.”
He also said that he is not sure whether the United States Patent and Copyright Office (PTO), which is responsible for determining the validity of trademarks, has ever issued a ruling on the matter.
“If you have a trademark, you can’t trademark that,” he said.
“If you want to trademark it, it has to be registered by a person.
You can’t just take a trademark and go.”
He added that it is “extremely difficult” for a trademark holder to sue for infringement because it would be considered a “false light” and could cost the person a lot of money.
The former PTO director said that in the past, it would not have been possible to file a trademark lawsuit against a company because the PTO “hasnt had the power to do so.”
“If I had a patent, I would have sued you.
If I had copyright, I could sue you.
They are not in the same class of rights,” he added.
“The problem is, the patent is not a copartnership.
Copyright is a copyrights-in-principle right.
That means that you have the right to take it away.”
He also said trademark law does not have to be “a complete mess” but that the government needs to create “rules and regulations that are designed to make sure that this doesn’t happen again.”