Re: Trademark restrictions (Kleenex, etc.)

Subject: Re: Trademark restrictions (Kleenex, etc.)
From: Win Day <win -dot- day -at- FREENET -dot- TORONTO -dot- ON -dot- CA>
Date: Thu, 22 Dec 1994 14:15:39 -0500

In Canada, Bayer has the rights to "aspirin". All other brands must use
acetylsalicylic acid, or ASA for short.

On Thu, 22 Dec 1994, Sandy, Corinne wrote:

> 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)

|Win Day | "With a voice of singing |
|Technical Writer/Editor | declare ye this, |
|Email win -dot- day -at- torfree -dot- net | and let it be heard..." |

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