[Sussex] lin---s.com

Steve Dobson steve at dobson.org
Wed Feb 18 21:29:42 UTC 2004


John

On Wed, Feb 18, 2004 at 05:47:05PM -0000, John Crowhurst wrote:
> > In the UK trademarks are setup in different categories so if I was to
> > start a company called as you say Handcross windows selling it would not
> > be in the category 9 that software and the like is.
> >
> > Saying that Windows is probably a registered trademark although it
> > shouldn't be because it is a common dictionary word but when used in
> > conjunction with Microsoft it means something more.
> 
> The registering of trademark on a common use dictionary word was a mistake
> the government department made in the US. Normally you aren't allowed to
> register trademarks on common use words. Microsoft slipped through the net
> as it were.
> 
> If you were selling double glazed windows, could you call yourself
> Somebody's Windows? Quite possibly in the UK, but in the US if someone
> holds  trademark on a word, then you can't use it. Frosties are a good
> example...
> 
> Frosties in the UK denotes Kelloggs Frosties, in the US they can't call
> the cereal that name as Wendys has the name for their iced drink, so
> Kelloggs has to use Frosted Flakes.

It works the other way too.  Sun came up with a system call "Yellow
Pages" as a centralized network ID system that would allow you to
log on to any machines in the yp-pool.  In the US the "yellow pages"
term is generic for commercial listings, but in the UK "Yellow Pages"
is a registered trade mark (I think is was a trade mark) of BT.  Sun
had to change the name to "Network Information Services" (nis).

Also let's not forget LegOS.  They didn't like the name clash, and
just asked, politely, that the name be changed.  The open letter even 
stated that they like the alternative software development - it was
after all what LEGO is all about, building something new from simple
blocks of plastic.

Steve




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