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- Newsgroups: alt.folklore.urban
- Path: sparky!uunet!spool.mu.edu!darwin.sura.net!sgiblab!pacbell.com!att-out!cbnewsd!barth
- From: barth@cbnewsd.cb.att.com (barth.richards)
- Subject: Re: Trademarks (was Re: ...film at 11...)
- Organization: AT&T
- Date: Tue, 22 Dec 1992 19:19:27 GMT
- Message-ID: <1992Dec22.191927.26458@cbnewsd.cb.att.com>
- References: <1992Dec21.215401.7781@hpcvaac.cv.hp.com> <1992Dec21.234338.2685@nntp.nta.no> <Bzn1n3.Jxp@constellation.ecn.uoknor.edu>
- Lines: 37
-
-
- In article <Bzn1n3.Jxp@constellation.ecn.uoknor.edu>
- norlin@midway.ecn.uoknor.edu (Norman Lin) writes:
-
- >billn@hpcvaac.cv.hp.com (bill nelson) writes:
- >
- >: There is no way to
- >: trademark a commonly used term. For example, Bayer lost their "aspirin"
- >: trademank due to common usage.
- >
- >Is that right? Well, I have a can of Lipton Iced Tea (bought out of the
- >coke machine), and it says:
- >
- >"Brisk (tm) Iced Tea"
- >
- >which seems to imply they have a trademark on (of all things) the word
- >"Brisk." Ludicrous, yes, but there is the "tm" subscripted right below
- >the word "Brisk" and before the word "Iced." Bizarre.
-
- Perhaps one of our more lawyerly type readers will post specific details,
- but I believe that trademark provisions often include limitations on how
- the word is used. To use "Brisk" as an example, if another company used
- the word "brisk" as the name of beverage (tea or some other drink), they'd
- probably be successfully sued by Lipton. If a car company called one of
- their cars "The Brisk," they probably would be able to make a case for
- using it, because there isn't much chance that people would confuse a car
- called "Brisk" with a tea called "Brisk," but there is a good chance that
- people would confuse two beverages called "Brisk."
-
-
- Barth "I'll be mother" Richards
-
- --
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- 88 Barth Richards "Language is a virus from outer space." 88
- 88 att!ihlpf!barth - William S. Burroughs 88
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