Re: question about trademarked and registered names

**J* L* <h*@yahoo.com>**

I think this discussion needs some legal insight. Jeff Lowenfels, are you listening??

I was under the impression that companies want writers to use the TM and copyright symbols because it helps the company protect its trademark. The same with those lawyer's letters -- the company is showing that it protects its copyright and the proper name shouldn't be taken away from it and made generic. 

BUT do writers and publications have the obligation (legal or otherwise) to help companies in their quest?? 

I can't think of any newspaper that uses those symbols at all in copy. (And they're very easy to screw up in newspaper -- and, I assume -- other computer systems. They don't "translate" well if a paper is sending copy to other papers, for instance, because they all use different systems.)  

As an aside, did you know that companies used to hire readers around the country to read local papers and magazines and let them know if their trademarked product had been mentioned without the symbol?  That's how they knew to send the lawyer's letters, and where to send them. I assume the searching is done online now.

Judy Lowe

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From: frielster@aol.com
Subject: Re: [GWL] question about trademarked and registered names

Interesting thread. I used to work for a very TM & R-conscious bunch, and I was told it was OK to cite TM and R on first reference, then just use the name without them in subsequent text; to use it every time interrupts the flow and annoys the reader.

Companies that insist that you mind their TMs and Rs are simply policing their property, lest they lose it. Aspirin, escalator and zipper were once trademarked names. Someone mentioned Kleenex, and asked how often you see a TM attached to that word. Kimberly-Clark used to run ads in Writer's Digest exhorting authors to do exactly that, with the tagline, "Kleenex says, 'Bless you.'"   

Duane, I like your approach: If reproached, just say, It'll never happen again.

 JF

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