From: Charlie Stross (charlie@antipope.org)
Date: Tue Dec 22 1998 - 08:24:46 MST
On Mon, Dec 21, 1998 at 10:51:32AM -0500, Michael S. Lorrey wrote:
>
> Under GATT, the issue should simply evolve around the first registered use
> date in either country, and that regional or local users should defer to
> those with broader presence. If the scottish McDonalds had a previous
> registered date, while the Americans have broader presence, then there is
> definitely a sticky wicket there.
Clan McDonald have been around in Scotland for, oh, only a few hundred years
longer than the fried rat company.
Indeed, trademarking "McDonald's" is a bit like trademarking "Smith" or
"Clinton" or "Jones". I'd think that this sort of thing simply shouldn't be
allowed -- if you want a trademark, you should damned well pick a name that
isn't already in use.
> Yes, xerographic is a common usage term that includes the trademarked name. A
> hoover is more commonly used these days to describe a girls abilities...
> There is also Q-tip, while 'windows' are used by many graphical user
> interfaces...
But the term "window" in the context of GUIs pre-dates Microsoft -- you have
to go back to Xerox PARC, or even earlier, to Ivan Sutherland's work in the
sixties.
US trademark law seems to be somewhat fucked-up, if you ask me.
-- Charlie
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