[net.followup] Copyrighted Material /

uname@pyuxqq.UUCP (Ulysses Naime) (03/19/84)

>>  Practically, there is little that a company can do if someone  continues
>>  to misuse a trademark, especially on something like netnews.  I would
>>  be interested to hear what a company can do.
>>  			John Haller

What a company should do is seek a change in the law so that using
a trademark WITHOUT the TM does NOT eventually cause the company to
lose the trademark.

On copywrites, I feel that the period of protection from unrestricted
copying is much TOO long.  Example:  If I invent a billion dollar
product like a transistor, I can only get patent protection for 17
years, however, if I write a poem about transistors, I can get
protection for close to 100 years, depending on the life span of the author.

jhh@ihldt.UUCP (John Haller) (03/20/84)

> I think that the registered trademark indication, (TM), is
> overused on the net. It is especially prevalent in net.micro
> where one might see  -  " ... the Pacman (TM) Atari Game
> Cartridge (TM) ..."

First of all, (TM) is only an indication of trademark, it is not
an indication of a registered trademark.  To indicate a registered
trademark, an R in a circle, or a footnote stating that the term
is a registered trademark of foobar.

> Manufacturers are happy to have their registered names used by
> the public, in fact that's their goal.  What they don't want is
> their registered trademarks associated with other manufacturers
> products.  If I ask for help with an "Apple //" I am using the
> trademark as it was intended and (TM) is not required.  But if
> Franklin uses it in an Ace advertisement, they better use the (TM)
> to avoid associating the name "Apple //" with their product.

Wrong again.  Kimberly-Clark sends out many letters to journalists
who use the word Kleenex* as a noun, and without mentioning the
trademark.  If a company fails to do this, it may lose its trademark,
as has happened several times in the past.  Mimeograph used to be
a trademark of A. B. Dick, but they failed to protect their trademark,
and lost it.  This most recently happened to Parket Bros. with Monopoly.

Practically, there is little that a company can do if someone  continues
to misuse a trademark, especially on something like netnews.  I would
be interested to hear what a company can do.
			John Haller
---
Kleenex is a registered trademark of Kimberly-Clark