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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
					------------------------

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* UNIX is a trademark of AT&T Bell Laboratories