back_by_demand
Distinguished
[citation][nom]zaznet[/nom]What you are talking about is common use. I can use the term Kleenex when talking about generic facial tissue. I can't market my own product under the Kleenex trade mark.They may be able to get away with Jedi Mouse or other such use since the term Jedi has become common and normal use and may not be completely covered by the Star Wars trademarks. This is most likely what they were trying to get away with using Jedi Mind.I can trade mark "ultimate graphite writing implement" to sell my pencil even though it is just as good as any other. "ultimate" completes my trademark making it a unique use for a graphite writing implement you can get anywhere. Later someone else may try to use "ultimate graphite pencil" and I can sue them since it comes too close to my use of the word "Ultimate".The problem companies like Kleenex get into with their brand names is actually not going after those who infringe on it. By allowing someone else to use it through a lack of action it becomes implied that it is allowed. Many of these trade mark suits that fail are due to a long time passing before they pursue it.[/citation]
That's a pretty good idea.
How about I start a new company called "Generic Inc", the Generic Corporation. We will produce a whole range of stuff like cables, ink cartridges, etc etc etc.
Then.
Slowly but surely.
Sue the whole world for the use of the word "Generic" when they describe their cheap non-brand products.
I will also startup a few sister companies like "Non-brand" or "Unbranded", just to make sure I catch all the stragglers.
That's a pretty good idea.
How about I start a new company called "Generic Inc", the Generic Corporation. We will produce a whole range of stuff like cables, ink cartridges, etc etc etc.
Then.
Slowly but surely.
Sue the whole world for the use of the word "Generic" when they describe their cheap non-brand products.
I will also startup a few sister companies like "Non-brand" or "Unbranded", just to make sure I catch all the stragglers.