Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.1 6/24/83; site whuxle.UUCP Path: utzoo!linus!decvax!harpo!floyd!whuxle!otto From: otto@whuxle.UUCP (George V.E. Otto) Newsgroups: net.legal Subject: Re: Trademark protection for "UNIX" Message-ID: <449@whuxle.UUCP> Date: Fri, 15-Jun-84 03:12:00 EDT Article-I.D.: whuxle.449 Posted: Fri Jun 15 03:12:00 1984 Date-Received: Sat, 16-Jun-84 00:46:41 EDT References: <930@eosp1.UUCP> <1116@ihuxr.UUCP> Organization: Bell Labs, Whippany Lines: 38 My understanding of the preservation or loss of trademark protection for a term has much to do with the steps taken by the trademark owner to prevent misuse. As I understand it, trademark protection was lost for "cellophane" because its original owner did not vigorously defend it, i.e., point out to others that they were misusing it when then did not identify it as a trademark of their's. I understand that the same problem occurred with "scotch tape": many companies refer to their product as scotch tape with no trademark indication. Even 3M calls their product "Scotch brand scotch tape," with the trademark indication on the first "Scotch" but not the "scotch tape." As to AT&T's warning others against potential future misuse of UNIX*, how often have you seen other companies issue such warnings to the general public about their trademarks? I can't recall seeing any companies do that, ever. On the other hand, if someone uses a trademark incorrectly, that is the time when the "vigorous defense" comes in. If the misuser is allowed to continue that misuse without requests or legal action from AT&T to correct it, then the case can be made that AT&T is not vigorously defending its trademark. So, the question of whether UNIX is about to go into the public domain should perhaps be rephrased to be, how many *misuses* of the UNIX trademark are there (particularly ones with no reference to its trademark status nor the trademark's owner) that have not been followed up with requests for correction or legal action from AT&T? Is there a series of advertisements that has run for, say, two or three years that has consistently misused UNIX? I think that detailed information like that would be needed before an accurate determination can be made about the impending loss of the UNIX trademark by AT&T. These thoughts are my own and not necessarily those of my employer. George Otto AT&T Bell Labs, Whippany ------------------------ -------------------- * UNIX is a trademark of AT&T Bell Laboratories