[net.legal] Coca Cola

45223wc@mtuxo.UUCP (w.cambre) (05/11/85)

Lee Gold IS correct in questioning Coca Cola as a trade mark of Coke.
The trademark is spelled Coca-Cola.  If the add said Coca Cola and it
isn't Coke, is this a trademark infringement? Or is it OK if they
don't stick in a hyphen?
 - Bill Cambre   ATTISL   20052354   mtuxo!45223wc

P.S.  Hey Lee, was it really Coke?

gh@utai.UUCP (Graeme Hirst) (05/11/85)

> Lee Gold IS correct in questioning Coca Cola as a trade mark of Coke.
> The trademark is spelled Coca-Cola.

In general, rights to a trademark includes rights to variant spellings.
For example, the reason Mrs Frisby became Mrs Brisby in the film version
of "The Secret of NIMH" was the intent to make her a trademarked character,
to be marketed like Star Wars or Disney characters.  However, the trademark
"Frisbee" for the well-known disc interfered with the use of the original
name.
-- 
\\\\   Graeme Hirst    University of Toronto	Computer Science Department
////   utcsri!utai!gh  /  gh.toronto@csnet-relay  /  416-978-8747

eric@parallel.uucp (Eric Griswold) (05/13/85)

>> Lee Gold IS correct in questioning Coca Cola as a trade mark of Coke.
>> The trademark is spelled Coca-Cola.

> In general, rights to a trademark includes rights to variant spellings.
> For example, the reason Mrs Frisby became Mrs Brisby in the film version
> of "The Secret of NIMH" was the intent to make her a trademarked character,
> to be marketed like Star Wars or Disney characters.  However, the trademark
> "Frisbee" for the well-known disc interfered with the use of the original
> name.
> -- 
> \\\\   Graeme Hirst    University of Toronto	Computer Science Department
> ////   utcsri!utai!gh  /  gh.toronto@csnet-relay  /  416-978-8747

I was under the impression that the old heraldic 'two points of
difference' rule was still in effect for trademarks.  Can anyone
aknowledge/refute this?  Also, in heraldry it is clear what a 'point'
is.  Are there any well-defined notions of 'point' for modern trademarks?

-- 
     ```````   Eric Griswold
     ``        Parallel Computers, Inc.
   .``````
  `  ``        ucbvax!sun!parallel!eric
  `  ```````   ihnp4!hplabs!pesnta!parallel!eric
  `.       `
    ```````    The opinions expressed herein are a bit on the silly side
               and thus couldn't possibly be the opinions of my employer.