timothym@tekigm2.TEK.COM (Timothy D Margeson) (09/17/88)
Hi,
I can see from Thom Henderson's message and claim to the ARC trademark
that ALL references to said trademark are in upper case. Therefore....
I Timothy Dean Margeson, being of sound and cival mind, do hearby decree
the term 'arc', to be copyrighted and trademarked by myself. The use of this
term as my trademark shall refer to electrical apparitions, or my own way of
placeing data onto a media, in what I call an arc'd format, this use to be
determined at a later date.
I also acknowledge the fact that 'arc' has and will be a common use word, and
therefore falls under the grandfather clause of trademarks. Therefore, any
and all uses of the term 'arc', except those that are deemed of a deragatory
nature, are allowed under current copyright law (e.g. Band-Aid).
I also freely decree the term 'arc', as applied to it's use as a trademark,
be hereafter entered into the public domain, where it belongs. Any program
developed for creating or interpreting files created in an arc'd format by
myself shall also be placed into the public domain, I also expect users of
said programs to freely copy and distribute those programs, with no thought
or expectations of renumeration, either for myself, or themselves. Others,
who write programs for creation or interpretaion of arc'd media, shall use
no other trademark but mine, and all such programs shall be public domain
programs, however writers of said programs may include their own name and
their address for necessary correspondence concerning product bug reports,
updates and other questions.
xxxxxxx Timothy D Margeson 9-16-1988 xxxxxxx
Okay Thom, let's hear it from your attorneys on this one!!!!
--
Tim Margeson (206)253-5240
PO Box 3500 d/s C1-937 @@ 'Who said that?'
Vancouver, WA. 98668
e-mail replies to: timothym@tekigm2.UUCP or timothym@tekigm2.TEK.COMok@quintus.uucp (Richard A. O'Keefe) (09/17/88)
In article <3514@tekigm2.TEK.COM> timothym@tekigm2.UUCP (Timothy D Margeson) writes: >I can see from Thom Henderson's message and claim to the ARC trademark >that ALL references to said trademark are in upper case. Therefore.... [he tries to take over 'arc'] >Okay Thom, let's hear it from your attorneys on this one!!!! Idunno about American law, but I was looking into getting a trademark back home, and (a) typographical aspects of a trademark are not protected, and (b) you cannot get a trademark which is "confusingly similar" to an existing trademark. Something like (b) probably applies here, so I think you're out of luck.
ooblick@eddie.MIT.EDU (Mikki Barry) (09/17/88)
Sorry, Tim. From the little I know about trademarks (I'm stuck in a trademark dispute myself...), simply changing the case of the letters is not enough. But you can easily challenge a trademark on the basis of the letters already being in common use. Or, if someone else can prove first use, usually a trademark will not be registered. For example, one company I am affiliated with was using the word "interNet". We were told we couldn't because someone has registered this as a trademark. We looked it up, and found that they had not. We plan to challenge their registration on the basis of common usage. But we did find that regardless of the case of the letters, you can't use the word in the same type of business. But, another way around this is to incorporate your name in several states. You can then use the name any time you want, as it is your company. In most states, you have to add inc. corp. or ltd to the letters, and you should probably use the entire corporate name when referring to your company. Mikki Barry
brad@looking.UUCP (Brad Templeton) (09/18/88)
It is true that in some cases if a trademark is always spelled ARC, then "arc" is not the trademark. In this case, there would be a good argument that because the PC maps program names from "arc" to "ARC" that "arc" is still covered by ARC. It is not true that you can claim a trademark for something to be defined at a later date. It is not true that just because a trademark is always spelled ARC that you can have "arc" as your trademark. It just could mean that the ARC people don't have it. -- Brad Templeton, Looking Glass Software Ltd. -- Waterloo, Ontario 519/884-7473
bruno@pbsdts.UUCP (Bruce W. Mohler) (09/18/88)
In article <3514@tekigm2.TEK.COM>, timothym@tekigm2.TEK.COM (Timothy D Margeson) writes: > > [deleted to conserve bandwidth] > > I Timothy Dean Margeson, being of sound and cival mind, do hearby decree if only you were of a sound and civil mind... > the term 'arc', to be copyrighted and trademarked by myself. The use of this > term as my trademark shall refer to electrical apparitions, or my own way of > placeing data onto a media, in what I call an arc'd format, this use to be > determined at a later date. > > [deleted to conserve bandwidth] > > -- > Tim Margeson (206)253-5240 > e-mail replies to: timothym@tekigm2.UUCP or timothym@tekigm2.TEK.COM Proper spelling makes attempts to sound legal seem so much more credible. -- Bruce W. Mohler voice: 619/586-2218 Staff Analyst unix: bruno@pbsdts.pacbell.com Cosmos Design, Development, "Is that like Genesis 1?" and Deployment District "Yes, but on a smaller scale!"