NetNews Usenet Archive 1993 #1/NN_1993_1.iso/spool/comp/os/vms/20387

Text File | 1993-01-05 | 1.8 KB | 39 lines

Newsgroups: comp.os.vms
Path: sparky!uunet!haven.umd.edu!decuac!pa.dec.com!nntpd2.cxo.dec.com!adserv.enet.dec.com!winalski
From: [e-mail] (Paul S. Winalski)
Subject: Re: The VAX Vacuum
Message-ID: <[e-mail]>
Lines: 26
Sender: [e-mail] (USENET News System)
Reply-To: [e-mail] (Paul S. Winalski)
Organization: Digital Equipment Corporation, Nashua NH
References:  <[e-mail]>
Date: Tue, 5 Jan 1993 18:12:39 GMT


In article <[e-mail]>,
[e-mail] ("Paul Robinson, Contractor") writes:
|>
|>The issue of the VAX vacuum vs. VAX computers and the
|>trademark isn't significant except to the extent Digital
|>might have wanted to sell their computer in the same
|>countries as that other company had been selling vacuums.
|>
|>Until last year, in the U.S. a trademark/servicemark is owned
|>ONLY by the first party to USE it in a particular country.  This
|>meant that legally, if DEC had used VAX in the U.S. before that
|>other company used the term for its vacuum cleaners in the U.S.,
|>it could prevent that company from selling vacuums under that
|>name in the U.S.  It does not matter that someone was selling
|>under that name earlier in the U.K.; only the first user in a
|>particular country has first rights to the mark.

However, US trademark law also allows the same word or phrase to be used as a
trademark as long as the marks are used in distinct markets and the proverbial
legal "reasonable person" has no difficulty distinguishing between the two uses.
The VAX vacuum cleaners and VAX computer systems are in such distinct markets
and so there is no problem.  If DEC ever decides to manufacture household
cleaning equipment, though, we'll have to choose a different name for it.

--PSW