Re: Re: Fair and Balanced

[Steve Boatti]

In a message dated 8/12/03 4:07:26 PM, george.thompson at NYU.EDU writes:


> I have wondered about the point that Frank Abate raised -- how can a common 
> expression, frequently used, be trademarked?  Can I trademark "Good morning" 
> and charge people to say it?
> 

A trademark or servicemark must be used as the name of a good or service in 
commerce. Thus you may not trademark a common expression like "good morning" 
without reference to some product that you are selling. A trademark may not be 
solely descriptive, but must have some arbitrariness or fancifulness to it. 
Thus, you could probably trademark "good morning" as the name of a product that 
lierally was not a good morning. (In fact, I seem to recall there is some food 
or health product called "Good Morning.") Once trademarked, no one else can 
use the mark for a similar product or service. However, anyone else can use it 
for an unrelated product, subject to arcane rules regarding whether the 
marketplace for the original product is being confused. Thus there is an Apple 
Computer and there is or used to be an Apple Records. Moreover, if the mark is a 
common expression, you cannot prevent the public from using it in its original 
sense without reference to the trademarked product.



Steve Boatti
sjb72 at columbia.edu