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- Xref: sparky gnu.misc.discuss:2971 comp.org.eff.talk:5756 comp.unix.bsd:5416 comp.os.mach:1217 misc.int-property:941 alt.suit.att-bsdi:273
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!think.com!barmar
- From: barmar@think.com (Barry Margolin)
- Newsgroups: gnu.misc.discuss,comp.org.eff.talk,comp.unix.bsd,comp.os.mach,misc.int-property,alt.suit.att-bsdi
- Subject: Re: Are you sure UNIX is a trade mark?
- Date: 9 Sep 1992 22:41:02 GMT
- Organization: Thinking Machines Corporation, Cambridge MA, USA
- Lines: 35
- Distribution: na
- Message-ID: <18luhuINN2k7@early-bird.think.com>
- References: <1992Sep8.135040.5243@pegasus.com> <BRUNER.92Sep8172455@sp15.csrd.uiuc.edu> <KANDALL.92Sep9170758@globalize.nsg.sgi.com>
- NNTP-Posting-Host: telecaster.think.com
-
- In article <KANDALL.92Sep9170758@globalize.nsg.sgi.com> kandall@nsg.sgi.com (Michael Kandall) writes:
- >I think the point is that AT&T itself is using, or acknowledging the
- >use of, their TM as a generic noun, thereby (possibly) weakening their
- >claims to the TM.
-
- In the paragraph that was quoted, they first use it as an adjective, in the
- phrase "BSD Unix Operating System". Then in a parenthetical comment they
- say, "BSD Unix is frequently called 'Berkeley Unix'". I think you're
- allowed to abbreviate in this manner after you've initially used the
- trademark term in the official way.
-
- One could also consider the parenthetical comment to be talking about the
- terms, not the systems. For instance, if I wrote "Fast is sometimes called
- 'speedy'", "fast" is still an adjective. Actually, to be completely
- proper, you'd probably have to quote "BSD Unix" and "Fast" in those cases,
- but that's a level of detail that I doubt anyone would be held to.
-
- >But K-C uses Kleenex to indicate their *brand*, and is undoubtedly
- >careful about such things. In this case AT&T/USL took some software
- >which is officially called "BSD4.3" (right?) and is applying the term
- >"Berkeley UNIX" to it. K-C does not call other products "Scott
- >Kleenex", "J+J Kleenex", etc.
-
- To relate to my above comment about using it as an adjective first, and
- then abbreviating, I think it's acceptable for a Kleenex commercial to say
- something like: "I use Kleenex facial tissues because they're soft.
- Kleenex: it's nice to your face." Notice that in the second sentence, the
- phrase "Kleenex facial tissues" has been abbreviated to "Kleenex", now that
- the context has been established by the first sentence.
-
- --
- Barry Margolin
- System Manager, Thinking Machines Corp.
-
- barmar@think.com {uunet,harvard}!think!barmar
-