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Re: TM whine/plea

Subject: Re: TM whine/plea
From: "John Fleming" <johntwrl -at- hotmail -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Wed, 13 Feb 2002 22:54:58 +0000

""Paul Kent"" <pkent -at- tripathimaging -dot- com> wrote in message news:GHEJJFFGKILNGLBEAENPCENGCLAA -dot- pkent -at- tripathimaging -dot- com -dot- -dot- -dot-
[snip]

This seems outlandish and unreasonable to me (mew), can anyone either
provide me with support data or help me get over it:)?

While I've been aware of the first use rule for trademarks, I can also see the logic of where they are coming from.

It is one thing if the end product is bound, and a trademark acknowledgement can be placed in the front matter. If a page with a trademark becomes separated from the book, it is either because someone tore the page out or someone made a photocopy. And if it ever winds up in court, you can always produce a complete copy of the document with the acknowledgement clearly spelled out.

As unbound material in a binder, it's harder to make that defense. People can take the pages out, copy them, put them in different binders, and what have you. The only way to guarantee there is a trademark acknowledgement is if there is a trademark acknowledgement on every page you use the trademark.

So put a trademark acknowledgement on every page where you use the trademark. If nothing else, it covers your back end if there is ever any question and the lawyers get involved.

--
John Fleming
Technical Writer and SAS Programmer
Edmonton, Canada


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