Re: Trademark restrictions (Kleenex, etc.)

Subject: Re: Trademark restrictions (Kleenex, etc.)
From: "Sandy, Corinne" <CHS8 -at- CPSOD1 -dot- EM -dot- CDC -dot- GOV>
Date: Thu, 22 Dec 1994 08:43:00 EST

Again, another legal issue (are you sure this isn't the TECHWR-LAW List?)!
From my limited legal background in copyright and trademark law, there are
various "words" construed by the courts to be common household terms. Where
I am hazy is if the courts strictly do not uphold trademark or copyright
infringement suits relating to these words, or whether they tend not to.
My vague recollection is that words such as:

Kleenex, Xerox, Bandaid (there are many, many more but I'm blanking)

are so commonly used that it would be futile to bring suit because the suits
would be too numerous.

I would like to emphasize that this is law, not opinion. If anyone is
ever in doubt about issues such as this, the legal library at the nearest
law school may be used to research the issues (but I will warn you it is
not easy). Answers are commonly not black and white and not easy to come
by (or find).

Disclaimer: This information should not be construed or relied upon as
legal advice. (just in case)

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