[Perl] Logo and T-shirts for perl.org.il
gaal at forum2.org
Sun Nov 3 13:14:55 PST 2002
On Sun, Nov 03, 2002 at 11:55:24PM +0200, Reuven M. Lerner wrote:
> >> A trademark, after all, is supposed to uniquely identify a
> >> brand in the mind of consumers.
> Gaal> And how is that good for the consumer?
> The whole idea of a trademark is that it serves as a sort of quality
> assurance. If Subaru could put a BMW logo on their car, for example,
> then customers would be confused. Consequently, BMW is given sole
> authority over the BMW logo when it comes to cars.
> Similarly, O'Reilly wants to make sure that no one else puts animals
> on their book covers, to ensure that there isn't any confusion in the
> marketplace between O'Reilly books and Joe Schmoe brand books.
> >> I've often heard that trademark law requires holders to go
> >> after all infringers.
> Gaal> Legally requires?
> More or less. If you fail to defend a trademark, then you may well
> lose the ability to defend it in the future.
> Gaal> Camels, however, have been free to roam the deserts, and we
> Gaal> have been free to associate them with anything we felt
> Gaal> like. I realize there may be a law that allows someone to
> Gaal> legally limit that, but I contend it's a *silly* law.
> If and when you start a computer company, I suggest that you not call
> it "Apple Computers," or even "Apple Software." Apple Computer
> Inc. has owned the trademark on the term "apple" in relation to
> computers for about 25 years now. And apples predate the computer by
> at least a few thousand years.
> Moreover, Apple Computer made sure to get explicit trademark
> permission from Apple Records. Apple Records indicated that they have
> no objection to the founding of Apple Computer, because the computer
> company wasn't going to have anything to do with music production.
> (No one predicted iTunes 30 years ago.)
> Gaal> Remember Microsoft Bookshelf<tm>? Well, it's not <tm> now,
> Gaal> because you can't appropriate words in the language, and
> Gaal> it'd be dire if you could.
> You can't trademark nouns. You can, however, trademark adjectives
> used in certain contexts. So "bookshelf" cannot be trademarked, but
> "bookshelf brand software" can be.
> I have a feeling that this has strayed pretty far away from the topic
> of Perl. Unless Gabor gives the green light, this will be my last
> public posting on this topic.
I suppose this should be my last public post on the matter as well, at
least on this forum. I'd just like to quickly point out that Apple and
Bookshelf are of course both nouns, and I wonder about the differences
in circumstances by which the former was allowed a trademark and the
latter denied one.
Also, BMW created a particular logo; that seems more easily defensible to
me than a sweeping association, in principle. (Of course in particular
they will have a much harder time to establish a "similar" logo was
close enough to be an infringement. But that's another issue.)
Gaal Yahas <gaal at forum2.org> <g.yahas at reading.ac.uk>
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