[Commons-law] Culture and Trademarks

Jeebesh Bagchi jeebesh at sarai.net
Mon Sep 2 17:58:41 IST 2002


I think Rajnikant or many others like him will move towards a regime of not 
Copyright but Trademarks. I am sure that heavyweight IPR lawyers will argue 
that `style` can be trademarked. And they will get over the `ensemble author` 
problem/concern by vesting the trademark with a producing agency (a company 
or similar kind of legal entity). 

So effectively what this seek to will do is stop the `illegitimate` use of 
the `gesture` or `style`. Then, we will have IPR enforcers raiding cultural 
shows on `violations`. And will also be an effective way of controlling 
`comments` through parody or mimicking. (especially within the domain of 
poltics - relevant when discussing Rajnikanth... - this can be disastrous).

An excerpt from a newstory:
"...folks trying to teach yoga anywhere in America are finding that nearly 
all the formerly holy words of yoga have been trademarked. If you want to use 
them, you?ve got to shell out the dough. ..."

Greed and lust make Yoga gurus tie themselves in knots
http://www.indian-express.com/full_story.php?content_id=8673

more on this later.

Jeebesh



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