Re: TM whine/plea

Subject: Re: TM whine/plea
From: "John Fleming" <johntwrl -at- hotmail -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Wed, 13 Feb 2002 22:54:58 +0000

""Paul Kent"" <pkent -at- tripathimaging -dot- com> wrote in message news:GHEJJFFGKILNGLBEAENPCENGCLAA -dot- pkent -at- tripathimaging -dot- com -dot- -dot- -dot-

This seems outlandish and unreasonable to me (mew), can anyone either
provide me with support data or help me get over it:)?

While I've been aware of the first use rule for trademarks, I can also see the logic of where they are coming from.

It is one thing if the end product is bound, and a trademark acknowledgement can be placed in the front matter. If a page with a trademark becomes separated from the book, it is either because someone tore the page out or someone made a photocopy. And if it ever winds up in court, you can always produce a complete copy of the document with the acknowledgement clearly spelled out.

As unbound material in a binder, it's harder to make that defense. People can take the pages out, copy them, put them in different binders, and what have you. The only way to guarantee there is a trademark acknowledgement is if there is a trademark acknowledgement on every page you use the trademark.

So put a trademark acknowledgement on every page where you use the trademark. If nothing else, it covers your back end if there is ever any question and the lawyers get involved.

John Fleming
Technical Writer and SAS Programmer
Edmonton, Canada

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