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PostPosted: Thu Nov 29, 2007 4:30 am 
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Joined: Fri Apr 22, 2005 12:15 am
Posts: 253
Location: Rochester, MI
Windrider wrote:
I thought that, if you could find a single example of a trade mark's holder using the trade mark without the magical "TM" after it, it invaldated the registration of the trade mark?

Here's some interesting info on trademark utilization:
http://www.hwg.org/resources/faqs/copyrFAQ.html



If I was one of the guys being sued I would be printing out there lesson descriptions right now.


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 Post subject:
PostPosted: Thu Nov 29, 2007 5:00 am 
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Joined: Mon Feb 10, 2003 11:45 pm
Posts: 1322
Location: California
Windrider wrote:
Here's some interesting info on trademark utilization:
http://www.hwg.org/resources/faqs/copyrFAQ.html


Very interesting:

From the Trademark FAQ:

Quote:
4. How do I use trademarks grammatically?

A trademark or service mark is always an adjective - never a noun or a verb
- and always begins with a capital letter. Trademarks are proper adjectives, since
they identify the specific source of the trademarked products or services. In the
following example, Tru-Flite is properly used when it acts as an adjective
modifying the noun arrows and is improperly used when it acts as a noun:

Proper: Tru-Flite arrows always hit the target.
Improper: Tru-Flite always hits the target.


5 Are all these distinctions really necessary?

While these distinctions may sound like insignificant details, consider the plight
of Otis Elevator Company. Years ago, that company produced an advertisement with a
similar error in the copy, certainly a detail nobody deemed momentous at the time.
However, that one sentence in that one ad helped Otis lose its trademark:
Escalator. So now any manufacturer of moving staircases can call their products
escalators. You'll want to avoid making this costly mistake with your trademarks,
so if in doubt, err on the side of over-protection.




From the Real Lesson page: ("Water Time" is used as a noun clause in all
these cases:)
Quote:
Water Time is for students who have successfully completed
our Ground Control class or equivalent.


Quote:
All Water Time is accompanied by a coach on a PWC to allow coaching...


Quote:
Do you need more Water Time?


("Ground Control" is used as a noun clause)
Quote:
Ground Control is our most fundamental building block ...



Looks like the defendants shouldn't need a very expensive lawyer to get out of this one ;)


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 Post subject:
PostPosted: Fri Nov 30, 2007 3:55 am 
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Joined: Tue Oct 03, 2006 2:54 am
Posts: 29
Quote:
Looks like the defendants shouldn't need a very expensive lawyer to get out of this one


Nope, just an Engrish major and they only charge $5.50 an hour while asking if you want fries with that.

Q: What do you call a hundred lawyers drowned at sea?
A: A good start.

Q: Why don't sharks eat kiteboarding lawyers?
A: Professional Courtesy

Q: Did you hear about the ACLU attorney defending Christmas displays?
A: Neither did I.

Q: If two lawyers are being chased by a bear, which one survives?
A: The public defender because he can't afford expensive loafers like the trial lawyer with pretty hair that channels dead babies.

Q: What time is it when a lawyer has talked to long?
A: Water Time!

Ahh crap, now I'm going to get sued.


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 Post subject:
PostPosted: Fri Nov 30, 2007 1:44 pm 
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Joined: Mon Jul 26, 2004 5:23 am
Posts: 941
Location: Australia
Windrider wrote:
I thought that, if you could find a single example of a trade mark's holder using the trade mark without the magical "TM" after it, it invaldated the registration of the trade mark?

Here's some interesting info on trademark utilization:
http://www.hwg.org/resources/faqs/copyrFAQ.html


This is a good outline

"Proper: Tru-Flite arrows always hit the target.
Improper: Tru-Flite always hits the target."

Here you can't use the proper use of the IP as it clearly is the company line etc. but you can say "an arrow with true flight always hits the target" this is correct english and CAN NOT be copyright or IP. In order for this case which appears to be Copyright, the intelectual property (IP) must be taken or the TM specifically unique.

For those who keep making it seem like you can own English language terms you are incorrect. Read this article that Windrider has linked and it is clearer.


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 Post subject:
PostPosted: Sat Dec 01, 2007 1:28 pm 
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Joined: Sun Oct 24, 2004 1:53 pm
Posts: 44
Location: NJ
http://en.wikipedia.org/wiki/Hercules:_Zero_to_Hero

If you want to swim in the big pond, Watch out for big fish...


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 Post subject:
PostPosted: Sat Dec 01, 2007 10:15 pm 
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Joined: Fri Apr 22, 2005 12:15 am
Posts: 253
Location: Rochester, MI
bokie wrote:
http://en.wikipedia.org/wiki/Hercules:_Zero_to_Hero

If you want to swim in the big pond, Watch out for big fish...


Anybody know someone in Disney's legal department? Wouldn't it be great to let them know Real used the same name in a video after them and is now suing others over the use of the term.

Sad thing is Real is probably to small of a fish for Disney to worry about.


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 Post subject: Re: Real's Trademark Lawsuits
PostPosted: Thu Feb 14, 2008 6:10 pm 
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Joined: Mon Dec 29, 2003 9:56 pm
Posts: 144
Location: Never Never Land
You know that they have gone truely commercial now just like any other business. Corporations sue on infringements all the time. I am not surprised that Real's ego has grown so much that a couple of guys Matt and Trip I met in the late 90's so stoked about the sport would sink so low. I think that the REAL issue is loss of equipment business to Oceanextreme Sports is what REALly bothers them. Also if I am not mistaken Kittyhawk Kites was the first place teaching kiteboarding on the outer banks before Real. Seems like REAL can't stand the competition. Well what ever happens, happens.


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