Copyrights / Trademarks
David F. Delman (Delman01@COMPUSERVE.COM)
Wed, 9 Dec 1998 09:27:13 -0500
< 6 Dec 1998 16:54:40 Lew Orans <lporans@ONRAMP.NET>
<I hate to stir up a hornet's nest. Perhaps an intellectual property lawy=
er
<(in knee socks and shorts) can clarify.
<
<I was under the impression that brand names such as Kleenex, Frigidaire,=
<Xerox (as in copy), and so forth are actually Trademarks.
Hi Lew,
Everything you wrote is right on target. The Scouts-Lrs that I have read
as of the last few days have all been discussing Trademarks.
Everything else you wrote is also on target.
The only common sense thing to add is:
The company or organization must reasonably defend their trademark when =
an other organization or company uses it to promote an offering, etc.
If people like Grant O in West Australia wants to use and buy Hoovers
every time they want to vacuum, Hoover will be thrilled due to all the
free word of mouth advertising. If a small company in West Australia =
wants to produce a product and call it a Hoover, Hoover won't =
automatically lose their trademark even in that crazy Australia.
Saying I have to Xerox as an individual in the USA is good for Xerox =
so Xerox will love you. If I was a salesman for one of Xerox's friendly
polite competitors I should get in LOTS of trouble.
=
Some Trademarks have been lost because the company let other companies
knowingly use their Trademarks and grow a business without even a pip =
or a squeak.
Use of Trademarks by the Owner has to be done and advertised in a correc=
t =
way. Bayer's brand of Aspirin is the wrong way. Dow's brand of ??? is
also the wrong way. Hoover's brand of Hoover is also wrong.
Use of Trademarks by a User who wants to be a GOOD USER user must also b=
e =
done carefully. I.E. Cleverness doesn't normally hack it.
I don't remember where this tread really started yet it seems like someon=
e =
wanted to use BSA's Good Will in their community to do something that rel=
ied
on BSA's image that BSA wouldn't normally support. The best policy for a =
GOOD USER who is going to do something noteworthy is to stay clear of any=
image
that they knowingly know represents an organization, company, or even a c=
ountry.
YiS, IMHO, and may we each attempt to live the SO,SL,SS,SM
=
Mr Dave (Hawleyton, NY (Baden-Powell Council=
