There's Basically Nothing You Can Say That Isn't Trademarked - Businessweek (UNCLASSIFIED)

Mullins, Bill AMRDEC Bill.Mullins at US.ARMY.MIL
Sat Mar 24 19:11:51 UTC 2012


Classification: UNCLASSIFIED
Caveats: NONE

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> ---------------------- Information from the mail header
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> -
> Sender:       American Dialect Society <ADS-L at LISTSERV.UGA.EDU>
> Poster:       Ronald Butters <ronbutters at AOL.COM>
> Subject:      Re: There's Basically Nothing You Can Say That Isn't
Trademarked
>               - Businessweek
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> Thanks for posting this, Victor. I'm grateful for the list.
>
> I know that you know that nobody is "on shaky legal grounds" for
merely =
> saying a trademarked slogan, any more than one is "on shaky legal =
> grounds" for uttering the registered trademark used to name goods or =
> services (e.g., "apple," "American airlines"). One is only in
violation =
> of the property rights of the owner if one uses the mark in such a way
=
> as to create the possible impression of commercial confusion.
>
> On Mar 24, 2012, at 6:17 AM, Victor Steinbok wrote:
>


I agree with Ron's statement above, if it is caveated by noting that
even if your use of a trademarked term doesn't rise to the level of
"commercial confusion", the owner of the trademark may still sue you,
requiring an expensive defense, if he thinks that you are doing him
wrong.  The fact that he will end up losing his suit may be of small
consolation as you work out payment terms with your own defense lawyer.

Trademark trolls cause lots of problems for innocent people.
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