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Re: Pay no attention (Dtrader)



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-----Original Message-----
From: Dtrader <dan@xxxxxxxxxxxxxxxxx>
To: Omega forum <omega-list@xxxxxxxxxx>; Tom DeMark <tomdemark@xxxxxxxx>
Date: Monday, December 07, 1998 7:42 PM
Subject: Pay no attention

Concerning your questions: Trademarks, Rick Saidenberg and EZ-Language:

I agree with you I have not heard of a concept being copyrighted, it is names or code or
documentation or writing that is copyrighted.   It is names and graphics that are
Trademarked, not concepts.

Omega or anyone can obviously sell or use any interpretation of any indicator "concept",
published or not, as long as they write the code themselves and the "concept" is not
patented.

However if Omega was so dumb as to put the name "Tom Demark" in the name of the indicator
or in the code or documentation, or to use Tom's name to help promote TradeStation, Tom
has the right to sue Omega in civil court for removal of his name and damages.   I would
think if Omega even sold a "DeMark" indicator Tom could sue to have the name removed.

One statement you made about Tom being "a very public figure" would not be true in the
legal sense and, unlike us, Tom does have a reputation to defend from slanderous
statements.

BTW I've never read any of Tom's books and have no plans to.

--- Chris Baker