RE: Trademark question

Subject: RE: Trademark question
From: Kevin McLauchlan <kmclauchlan -at- safenet-inc -dot- com>
To: 'James MacDougall' <jmacdougall -at- sbcglobal -dot- net>, techwr-l -at- lists -dot- techwr-l -dot- com
Date: Thu, 3 May 2007 14:51:55 -0400

James MacDougall inquire:


> According to the legal counsel at my company, trademark restrictions
> require
> that every appearence of our trademarked software's name be used as an
> adjective--an adjective that modifies what the trademark was intended to
> identify.
>
> For example, saying "SoftwareNameTM provides cool functionality" doesn't
> fly. I must always say "The SoftwareNameTM software provides cool
> functionality."
>
> This isn't something that I've seen in documentation or marketing for
> other
> software. Is it familiar to other writers out there who work with
> trademarked products?

I was "asked" to do it that way when I first started the current gig, many
years ago, then again when we were bought and the purchasing company
harmonized the documentation. Then, we were bought yet again, but I have not
seen an explicit lawyer notice (and we do have an active-and-aware live-in
corporate counsel) commanding us to do it that way since the .

I can sorta see the legality of it, if not the logic. How, really does use
of a product name as a noun really repudiate one's trademark?

Time I asked - and thereby stirred up some trouble for marketing bods as
well. :-)

Come to think of it... I was forgetting... we've been - effectively - bought
again. We were just taken private by a capital company. No doubt they will
have explicit concerns about trademark assertion/protection.

Kevin

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