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- Path: sparky!uunet!elroy.jpl.nasa.gov!usc!rpi!bu.edu!Shiva.COM!world!bzs
- From: bzs@ussr.std.com (Barry Shein)
- 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?
- Message-ID: <BZS.92Sep11185233@ussr.std.com>
- Date: 11 Sep 92 23:52:33 GMT
- References: <KANDALL.92Sep9170758@globalize.nsg.sgi.com>
- <farrow.716074432@fido.Colorado.EDU> <18ns8rINNd81@agate.berkeley.edu>
- <1992Sep11.084516.16908@infodev.cam.ac.uk>
- Sender: usenet@world.std.com (Mr USENET himself)
- Distribution: inet
- Organization: The World
- Lines: 57
- In-Reply-To: rwe11@cl.cam.ac.uk's message of Fri, 11 Sep 1992 08:45:16 GMT
- Nntp-Posting-Host: ussr.std.com
-
-
- >I was always under the impression that dilution of a trade mark came from
- >other companies being permitted to sell products using the same mark, if the
- >manufacturer of `Scotties' were to start calling their product `Kleenex'
- >and no action were taken then dilution would have occurred, but to say
- >"pass me a Kleenex" is not. Similarly, many people I know call a vacuum
- >cleaner a Hoover; but, to the best of my knowledge Hoover is still a trade
- >mark of guess who...
-
- One source of confusion lies in the fact that there is more than one
- way to lose your trademark, and I can see from some of these notes
- that people are sort of mixing the ideas together.
-
- Not protecting usage of your mark in reference to other, similar
- products is certainly the best known way (generic.)
-
- Another is allowing others to use your mark but not controlling the
- quality etc of the product it is being applied to. For example, if
- Kentucky Fried Chicken sold franchises and did little to enforce what
- those franchises sold as "Kentucky Fried Chicken", and the product
- actually varied widely. Although all the franchises are associated
- with KFC and intend that the mark KFC refers to their chicken product
- alone, and have duly licensed the right to use the mark, that is not
- enough, there must be identification with a single product of some
- predictable character.
-
- Perhaps the distinction is subtle, but it is important.
-
- For example, suppose, just suppose, I were a software company which
- had a product called, oh for argument's sake, USLIKS. And I licensed
- out the right to call many other similar products USLIKS. And those
- other products all modified them over a period of a decade in wildly
- varying ways until they really didn't much resemble each other in many
- critical ways (oh, they're all chicken, and they're all fried,
- however...)
-
- P.S. Realizing that someone who knows little or nothing about these
- matters will now decide that it doesn't fit his/her world view of the
- algorithmic reduction of trademark law to a single well-defined
- sentence here is a cite:
-
- Foster & Shook, Patents, Copyrights & Trademarks, John Wiley & Sons,
- 1989, p 183-4.
-
- "Once you have a patent or copyright, you do not risk losing your
- rights if you make a poor choice of a licensee. In the case of a
- trademark, however, you do run that risk...you can lose your rights by
- licensing to someone whom you do not require to maintain your standard
- of quality...When you lose control of the quality, public deception
- occurs, as the mark no longer indicates what people expect from the
- product..."
-
- --
- -Barry Shein
-
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