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Old 01-13-2004, 01:57 PM   #7
Pie
Gone and done
 
Join Date: Sep 2001
Posts: 4,808
Quote:
Originally posted by russotto
They simply can't forbid (e.g.) the use of a trademark as a slang term.
Correct. They can't stop it. But the have to be able to show a judge that they *tried* to stop it.

As stated on this site:
Quote:
"Aspirin," "thermos," "cellophane," "shredded wheat," "nylon," and "zipper" are examples of the greatest danger facing a trademark holder. Each was once a registered but, unfortunately, poorly protected trademark. Public misuse caused the trademark name to degenerate to a generic term describing the class or nature of an article. Subsequently, the holder was denied the renewal of trademark rights, and the product name became simply a generic term for competitors' products.
[...]
The burden of responsibility for appropriate trademark use falls on the owner who must vigilantly ensure that the trademark is being utilized to distinguish a product from its competitors rather than merely identifying a type of product or service.
- Pie
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