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From: stanwyck@ihuxr.UUCP (Don Stanwyck)
Newsgroups: net.legal
Subject: Re: Trademark protection for "UNIX"
Message-ID: <1116@ihuxr.UUCP>
Date: Thu, 14-Jun-84 09:49:55 EDT
Article-I.D.: ihuxr.1116
Posted: Thu Jun 14 09:49:55 1984
Date-Received: Fri, 15-Jun-84 00:42:30 EDT
References: <930@eosp1.UUCP>
Organization: AT&T Bell Labs, Naperville, IL
Lines: 29

> I think that the word "UNIX" will soon be in the public domain with
> no special rights left for ATT.  They have not taken the vigorous
> action necessary to protect it.  (That is, I can't believe they
> have without my noticing.)
> 
> The problem is that only adjectives receive trademark protection,
> as in "UNIX operating system", or "Aspirin compound".  Nouns are
> not trademarks.  When the general public turns a brand name into a
> noun, the courts stop protecting it.
> 
> I have never seen an advertisement or other memo from ATT warning
> people to use the word UNIX only in phrases that treat it as an
> adjective.
> 					- Toby Robison (not Robinson!)

Kleenex and Band-Aid are still brand-names, as is Scotch-tape.  These 
companies have tried as hard as AT&T to protect their brand names.  It
is simply impossible to police every environment.  I still hear and
read comments about Puff's-Kleenex and Wyler's Kool-aid.  Some people
are not aware of the difference, while other's don't care.  This of itself
does not invalidate the brand name.

-- 
 ________
 (      )					Don Stanwyck
@( o  o )@					312-979-3062
 (  ||  )					Cornet-367-3062
 ( \__/ )					ihnp4!ihuxr!stanwyck
 (______)					Bell Labs @ Naperville, IL