Re: trademarks

**"* P* L* <t*@spamfodder.com>**

> Newspapers and magazines are not legally required to use the trademark
> symbol, so I am not sure what "no right to publish" means here either,
> Jane. There are other perfectly acceptable ways--capitalization and so
> on--to indicate a trademarked name.

What I said is that they must respect trademark designations.  I never
said anything about using trademark symbols.  I was wrong to say that
they have a legal requirement to use them, though.

I hear publishers and writers whining and griping about the theft of
their articles because copyright law is being violated, but I have little
pity for those who won't follow the rules when it comes to reporting.
It's essentially the same problem.  If a writer genericizes or dilutes a
trademark, the trademark holder risks losing that intellectual property
and any associated income entirely.

That said, most publishers/writers are responsible and when their stuff
is stolen, whether it's trademarks or copyrights or whatever, they should
go after the perpetrators with everything they've got.  :)  

My point is that a page's design shouldn't be a deciding factor in 
whether or not trademark designations are listed.  It's not a luxury
that you can should just do away with because it's inconvenient.

CONTRADICTION TO FOLLOW:

Trademark holders aren't actually required to use [R] or [TM] or anything
after a mark, and neither are you.  Most places use it because damages
can be more limited if the notice isn't there.

It also helps remind the public that a phrase is trademarked.  Some 
licenses for plants may require that you use those symbols if
you grow the plant, however.

So trademarks aren't really in the same class as copyrights because 
it's a lot harder to prove damages -- usually people protect their 
marks through public education.  

If you don't honor that mark, you're spitting in the face of the one
that holds it.  They'll lose out on extra revenue.  You might be 
'sticking it to the man', but you're also biting the hand that feeds
you.

RAMBLING TO FOLLOW:

Putting the trademark name in single quotes instead of using a trademark
symbol is just bad reporting, and that's why it shouldn't be done.
It misrepresents the official name of the plant *AND* has the potential
to dilute the value of the trademark.

APOLOGY TO FOLLOW:

I think I've just been babbling and apologize if I got off-topic or
too passionate.  I tend to get tunnel-visioned and mired in details, but
hopefully someone found this useful, or at the very least, entertaining.

Chris

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