trademarks (tm)

[P3D Gabriel Jacob <jacob@xxxxxxxxxxxxxx>]

Dalia Miller writes
>Therefore, photo-3d members may use the EMDE brandname in their postings
>and DO NOT have to understand that it is a trademark.

Dennis Sherwood writes
>P3D list members may use the EMDE brandname in their 
>postings provided they understand it is a trademark, and use it only as a 
>way to identify EMDE products.  Commerical use is not granted.  

Marvin Jones writes
>however it's preposterous for a trademark owner to assume that the
>unwashed masses need his permission to utter the very name of his
>trademark in casual conversation. EMDE ain't exactly Yahweh.

If Dalia is correct that the EMDE wasn't properly registered, then one 
doesn't have to understand that it's a trademark.
If Dennis has properly registered the name then he is correct and within 
his rights to protect and explain that the name EMDE is a registered
trademark and can be used in postings as long as it doesn't evolve into a
generic term. Marvin Jones is correct in both cases that one doesn't need
anyones permission to utter the very name of any trademark. The only
problem with that is that in P3D it's kind of a gray area since this is not
strictly private conversation between two people. I am not a lawyer but if
anybody can clarify this matter it is relevent to this group in general
since alot of 3D stuff we use have registered trademarks. For example in
my correspondance with Wrebbit, in regards to their 3Discover, they have
maintained that 3Discover is registered as a trade mark. Now they also
include (tm) after the 3Discover name in their correspondence as follows.
3Discover(tm). Now does that mean we will have to include (tm) after every
View-Master, 3Discover, 3DMagic, Tru-Vue ,Realist, Tom, Dick, and Harry.
(Sorry Tom, Dick, and Harry for using your names, I hope they are not trade
marked. ;-)) I don't think so, as long as we are reminded and know that
these are trademarks. When they start being used generically then the trade
mark owners rightfully start to worry because they can loose there 
trademark from what I understand.
Example of this is Xeroxing, Asprin, Scotch Tape, Styro-foam. In some of
these examples (Asprin I think) the trademark was lost in some countries.
If a book mentions, to xerox something instead of photocopy this is a
misuse of the trademark. Of course in private conversation this would be
ridiculous to enforce.

P.S. This might seem to be straying of 3D, but I think this should be
addressed as it concerns 3D too.

Gabriel the kiddder(tm)(c)(3D) and whatever other letters I forgot.;-)


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