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- Path: sparky!uunet!zaphod.mps.ohio-state.edu!cs.utexas.edu!torn!utgpu!scooptram.utcs!glenn
- From: glenn@scooptram.utcs.utoronto.ca (Glenn Mackintosh)
- Subject: Re: Are you sure UNIX is a trade mark?
- Message-ID: <BuJJ19.B17@gpu.utcs.utoronto.ca>
- Sender: news@gpu.utcs.utoronto.ca (USENET)
- Organization: UTCS Campus Access
- References: <farrow.716074432@fido.Colorado.EDU> <18ns8rINNd81@agate.berkeley.edu> <1992Sep11.084516.16908@infodev.cam.ac.uk> <1992Sep11.123540.19263@constellation.ecn.uoknor.edu>
- Distribution: inet
- Date: Sun, 13 Sep 1992 23:39:09 GMT
- Lines: 39
-
- In <1992Sep11.123540.19263@constellation.ecn.uoknor.edu> greg@gallifrey.ucs.uoknor.edu (Greg Trotter) writes:
-
- >Asprin and Lineoleum were once brand names. But common usage (that's us,
- >dude) dictated that the brands had become generic. Specifically, in the
- >case of Aspirin, there were other companies selling the drug (under the
- >name (I hope I spell this right) acetacylic pain releiver), but only
- >the trademark holder, Bayer, could use the name Asprin. Eventually,
- >someone else used the name Asprin. Bayer sued, and *lost* because they
- >had not taken appropriate steps to express Asprin as a brand name instead
- >of just a plain ol' noun.
-
- >Greg Trotter -- Norman, Oklahoma
- >greg@gallifrey.ucs.uoknor.edu
-
- I don't know about Linoleum but you're mistaken about what happened with
- Asprin. I just read this in a trivia bit in the Toronto Star newspaper the
- other day. I tried to dig it up just now and couldn't find it, however I can
- give you the gist of the story. Basically, before the second world war Asprin
- was a trademark of a German company called something Bayer or Bayer something
- (it could be A.G. Bayer as you say in your article but it doesn't sound like
- the name I don't remember :-). Anyway, after the war the allies for some
- reason, the article didn't say why, demanded that the trademark be released
- as part of Germany's war reparations. In some countries Bayer later
- successfully challenged this and regained the trademark status but failed in
- others. For example, the trademark is apparently good in Canada but not in
- the U.S.
-
- You could be part right, that in the U.S. they may have lost the suit to
- reclaim the trademark because it had become "a plain ol' noun" during the
- period that the trademark had been relinquished. However, I doubt that this
- example is a particularly good precedent. The Linoleum example may be more
- relevant but I don't know anything about it so I can't say.
-
- Glenn Mackintosh
- University of Toronto
-
- INTERNET: glenn@onet.on.ca, UUCP: uunet!utcs!glenn, BITNET: glenn@utorgpu
-
-
-