From: TJ@noneofyour.business   
      
   On 09/07/2012 10:49 PM, Jim Beard wrote:   
   > On 09/07/2012 10:22 PM, Adam wrote:   
   >> Moe Trin wrote:   
   >   
   >>> Wanting to avoid the generification of names - happens more   
   >>> often than   
   >>> you'd think. [...] This is also why Mandrake became Mandriva.   
   >>> No owner   
   >>> of a trade-name or trademark wants to loose it as did kleenix,   
   >>> fridge or xerox.   
   >>   
   >> Or "aspirin".  As I understand things, brand names only run into   
   >> problems if there's any sort of connection to other companies.   
   >> Early ads for Mandrake Linux showed a magician's top hat and   
   >> wand, making (some) people think it had some connection with the   
   >> comic strip, which it didn't.  The Dolly Madison ice cream   
   >> company and the Dolly Madison bakery are separate companies, but   
   >> there's no confusion between their products.  In Europe one   
   >> company markets Linux-brand laundry detergent, which works well   
   >> with their "Micro Soft" fabric softener.  As long as the company   
   >> has nothing to do (even by implication) with any computer   
   >> hardware or software, they're okay.   
   >   
   >   
   > A big part of the problem  for Mandrake Linux was that the name was   
   > deliberately chosen for the "Mandrake the Magician" angle. The idea was   
   > that Mandrake Linux was "magical," not that it was commercially linked   
   > to holder of the trademark on "Mandrake the Magician," but the courts   
   > held that such use of an established and trademarked label constituted   
   > unlawful appropriation of the trademark (and its value).   
   >   
   > Cheers!   
   >   
   > jim b.   
   >   
   There was another case in Syracuse in the 1990's. A coffeehouse   
   started doing business under the name "Federal Espresso." Federal   
   Express got wind of it when they filed for a federal trademark,   
   sued, and a settlement was reached where the defendant was to   
   cease using the name and the plaintiff wouldn't seek monetary   
   compensation. But, in an effort to save money on changing signage   
   and other identifying marks, the place started calling itself   
   "Ex-Federal Espresso." That didn't sit well, either. Fedex sued,   
   and it went to court. Ex-Federal Espresso won on trademark   
   infringement, because the marks were different enough. But, it   
   was concluded that Fedex would eventually win on a dilution   
   claim. Rather than go belly up fighting a losing battle, the   
   place is now known as "Freedom of Espresso."   
      
     TJ   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)