Trademark question?

Subject: Trademark question?
From: Geoff Hart <ghart -at- videotron -dot- ca>
To: TECHWR-L <techwr-l -at- lists -dot- techwr-l -dot- com>, Tammy Van Boening <tvanboening -at- insureworx -dot- com>
Date: Wed, 27 Dec 2006 15:39:57 -0500

Tammy Van Boening wondered: <<I have to create an Installation and Configuration Guide that addresses the installation and configuration of KETTLE (an ETL tool) for a Fiserv project. KETTLE is a trademark of the Pentaho Corporation and in regards to representing this: On the Front Cover of the Guide, I have it listed as KETTLE(tm) Installation and Configuration Guide and in the Front Matter, I have put a catch-all disclaimer that KETTLE is a trademark of the Pentaho Corporation and that all other products and company names mentioned herein are the trademarks of their respective owners. Anywhere else that I refer to KETTLE, it's just KETTLE without the (tm) symbol.>>

This is standard practice, as any perusal of Microsoft or Adobe manuals will reveal, but with a few caveats. The first is that you should always get your employer's lawyer to sign off on this -- and since no two lawyers agree on anything <g>, make sure the lawyer you choose knows trademarks. If not, hire another one who specializes in trademark law. There may be cases or industries where the jurisprudence (my favorite one-word oxymoron) dictates a different approach.

<<I have a few naysayer's that want the TM after every occurrence of "KETTLE".>>

Any of them lawyers? <g> The second caveat is that you need to get your terms straightened out: TM is for use when a trademark application has been filed, but not yet approved; R is for use once the trademark has been approved and registered. I'm told by credible sources that you can get yourself seriously legally twisted if you use the wrong one and have to defend this choice in court.

The third caveat is that trademarks, whether TM or R, should ideally be used only as adjectives, not as nouns. That's why you'll see wording such as the following: "Microsoft is the perpetrator of Microsoft (R) Word." Note that neither proper noun carries a trademark sign, but the adjectival form does. Of course, you can still split a great many hairs over this; you won't see, for example "Revision tracking is a great Word(R) feature", even though Word is being used adjectivally.

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Geoff Hart ghart -at- videotron -dot- ca

(try geoffhart -at- mac -dot- com if you don't get a reply)

www.geoff-hart.com

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Trademark question: From: Tammy Van Boening

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