[net.unix-wizards] xxx is a trademark of yyy

bstempleton@watmath.UUCP (Brad Templeton) (06/19/83)

You do not need to worry about "Guru" being a trademark, in particular
because it is a normal word.

Trademark law is very tricky, but as I understand it, a trademark has to
be an adjective, and can never be a noun.
This means that there is no such thing as "Unix".  There is the "Unix operating
system", where the word is an adjective.  Companies wanting to keep their TMs make
sure they refer to things like "Frisbee BRAND discs" and never "Frisbees",
because there is no such thing as a frisbee.

The reason for this distinction is clear.  When you trademark something,
you claim use of the adjective as it refers to a certain noun or
class of nouns.  Nothing stops me from bringing out "Apple" brand hand-soap
even though there is a registered trademark for Apple brand computers.
If a word is invented like UNIX, I am not sure of the rules.
Some day it might be possible to come out with Unix brand soda-pop.
("Nothing goes down easier than Unix Soda") but I am not sure of that now.
-- 
	Brad Templeton - Waterloo, Ont. (519) 886-7304

mason@utcsrgv.UUCP (Dave Mason) (06/19/83)

I'm not sure I agree that only adjectives can be trademarked, I believe that
the golden arches people have something like "The Quarter Pounder" trademarked
(which allows them to put substantially less than the 4 oz of sawdust that you
would expect by the name)...This so disgusted me that I stopped my annual
pilgrimage to taste what the masses eat. I think this discussion belongs
elsewhere, but I wasn't sure where. .../Dave (..!linus!utzoo!utcsrgv!mason)

bernie@watarts.UUCP (06/20/83)

I suspect that "The Quarter Pounder" is an adjectival phrase describing a
particular type of hamburger.  Thus someone who manufactures, say, barbells
for diminutive weight lifters could also use "The Quarter Pounder" so long
as the barbells cannot reasonably be considered to be hamburgers.
					--Bernie Roehl
					...decvax!watmath!watarts!bernie

rh@mit-eddi.UUCP (Randy Haskins) (06/24/83)

There is (in addition to TM, and (c) ) an 'R', also 
(I believe) with a little circle around it.  I think
it means something different from TM.  Any ideas?
			--Randy
			rh@mit-eddie

johnl@ima.UUCP (06/25/83)

#R:watmath:-542300:ima:20400010:000:916
ima!johnl    Jun 24 15:10:00 1983

The R in a circle means that a trademark is registered with the trademark
office, whereas TM means that you claim it as a trademark but haven't
registered it.

There is some arcane difference between the two that I don't understand.
Registration isn't necessary to defend a trademark, you just have to be
able to prove that you've tried to identify it as a trademark, which is
why on the back of each genuine Band-Aid brand bandaid it says "Band-Aid
is a trademark."

Then again, there's the recent Monopoly (the board game) case in which a
court held that what's important is that the public associate the trade
name with the manufacturer, and since few know who makes Monopoly games,
it's not a trademark.  Seems to me that under that logic, "computer" is a
trademark of IBM.  Maybe "telephone" is a trademark of AT&T.  Jeez.

John Levine, ima!johnl

PS:  Let's move this to net.misc, if there's further interest.

hal@cornell.UUCP (06/25/83)

Anybody can claim that a word is their trademark (TM).  The circled R
means that the trademark appears on a federal trademark register, which
doesn't happen until after a fairly extensive search for conflicts.


Hal Perkins                         uucp:  {decvax|vax135|...}!cornell!hal
Cornell Computer Science            arpa:  hal@cornell
                                  bitnet:  hal@crnlcs

norskog@fortune.UUCP (06/26/83)

#R:watmath:-542300:fortune:11600023:000:632
fortune!norskog    Jun 24 20:29:00 1983

No, it does not have to do being an adjective or a noun, 
it has to do with the accepted meaning of the word.
The less meaningful a word is, the more defendable it
will be as a trade mark.

Thus, UNIX, meaning nothing, is very defendable.
On the other hand, Coke, XEROX, Kleenex, etc.
have come to mean very specific things, and the owners
and defenders of these trademarks do not sleep easily at night.

My source is the wonderful book, "Legal Protection for Your software"
by Daniel Remer.


				Lance Norskog
				Fortune Systems
				megatest!fortune!norskog
				hpda!fortune!norskog
				harpo!...
				sri-unix!...
				amd70!...

bernie@watarts.UUCP (07/08/83)

and (c) means the material is copyrighted, which is a different process.

dee@cca.UUCP (Donald Eastlake) (07/12/83)

Then there is always (P) (a "P" in a circle) which you see on phonograph
records which is the legacy of a radom federal court decision on player
piano rolls...

chris@umcp-cs.UUCP (07/14/83)

Ok, now we know that (C) ["c" in a circle] is "copyright", that (P)
[same idea] has something to do with player pianos, and that (TM) is
for "trademark", but...

	What is (U) for?

I've seen it on a box of Cheerios.  'Struth!  On the front of the box
it said "Cheerios" in great big letters, then had a U in a circle where
the (R) [Registered trademark] would normally be.  Maybe it's for
UNregistered trademark???

					- Chris
-- 
UUCP:	{seismo,allegra,brl-bmd}!umcp-cs!chris
CSNet:	chris@umcp-cs
ARPA:	chris.umcp-cs@UDel-Relay

wex@ittvax.UUCP (Alan Wexelblat) (07/15/83)

The (U) has nothing to do with trademarks.  It simply means that the 
item in the box (note that it appears only on food items) is kosher with
either milk or meat.  (P) is used to indicate milk-only items, and (K) is
idicative of meat-only items.  These symbols usually indicate some form of
rabbinic supervision (ie the company ought not to go putting them on just
any item).

reb@nbires.UUCP (07/15/83)

(U) stands for Union of Orthodox (Jews) and implies that the product meets
all of the strict Orthodox Jewish dietary requirements, except perhaps for
the direct rabbinical (sp?) supervision clause.

ark@rabbit.UUCP (07/15/83)

I think a U in a circle means the product is kosher.

israel@umcp-cs.UUCP (07/15/83)

The (U) is really a 'U' inside an 'O' or in other words, OU,
which stands for Orthodox Union, meaning it has been approved
as kosher food.
-- 

~~~ Bruce
...!seismo!umcp-cs!israel (Usenet)
israel.umcp-cs@Udel-Relay (Arpanet)

BYTE@mit-mc@sri-unix.UUCP (07/17/83)

From:  Roger L. Long <BYTE@mit-mc>

ENOUGH!  Let's get on with the business at hand and discuss trademarks
somewhere else.

ron@brl-bmd@sri-unix.UUCP (07/17/83)

From:      Ron Natalie <ron@brl-bmd>

The (U) means that it is kosher.  It is the mark
used by one of the rabinical authorities which
certifies such things.

-Ron