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- Newsgroups: comp.os.vms
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!saimiri.primate.wisc.edu!ames!pacbell.com!unet!porsche!nowacki
- From: nowacki@porsche.net.com ( Michael Nowacki I.T. Database Contractor)
- Subject: Re: The VAX Vacuum
- Message-ID: <1993Jan6.003104.12930@unet.net.com>
- Sender: news@unet.net.com
- Nntp-Posting-Host: porsche
- Organization: Network Equipment Technologies, Redwood City
- References: <9301040153.AA20250@ucbvax.Berkeley.EDU> <1993Jan5.181239.6299@nntpd2.cxo.dec.com>
- Date: Wed, 6 Jan 1993 00:31:04 GMT
- Lines: 26
-
- In article <1993Jan5.181239.6299@nntpd2.cxo.dec.com> winalski@adserv.enet.dec.com (Paul S. Winalski) writes:
- >
- >In article <9301040153.AA20250@ucbvax.Berkeley.EDU>,
- >FZC@CU.NIH.GOV ("Paul Robinson, Contractor") writes:
- >|>
- >|>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.
-
- This is exactly what happend to Apple Computer last year: release of music
- editing software invoked an earlier agreement with Yoko Ono, executor of the
- estate of John Lennon, whereby Apple Computer could use the trademark "Apple"
- as long as they don't get into the music business. I think it cost Apple
- a few million bucks.
-