From: "Attila T. Hun" <attila@hun.org>
Date: Tue, 7 Oct 1997 16:05:21 +0800
To: cypherpunks <cypherpunks@cyberpass.net>
Subject: Re: Trademarking CypherSpace???
In-Reply-To: <v03102802b05ecd3d7f30@[207.167.93.63]>
Message-ID: <130bbbbf.1262b.attila@hun.org>
MIME-Version: 1.0
Content-Type: text/plain



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trademarks:

1.  you can not trademark something which is in general use unless you 
    are the general user.

    xerox has made it to the dictionary --it no longer belongs to Xerox 
    unless it is specific.  Kodak almost lost 'Kodak' in the ant-trust
    lawsuit the Berkey (sp?) processing company filed over Kodak's 
    prepaid processing on film.  probably kept it with many extra $$
    in the settlement.


2.  if you are the claimant, you must "protect" the trademark against
    infringers

    I can not think of any losses off hand, but it happens.

3.  a word, in and of itself, can not be trademarked; it must be
    identified with a graphical "image" or conjuring.  CocaCola's
    basic trademark is based on the script lettering, another is the 
    shape of the old bottle, etc.

4.  Asimov, maybe 20 years ago?

any number of other reasons on common usage; they would have been
required to have filed at least prior to CypherNomicon as that is
a substantial work, and well distributed.

it was only a year ago that someone claimed to have been issued
a definitive patent on all means of encryption...  <g> hope springs eternal.

however, it would not hurt to file a complaint with the Patent Office --complaints are free (or they were).

 --
 "When I die, please cast my ashes upon Bill Gates. 
     For once, let him clean up after me! " 
 ______________________________________________________________________
 "attila" 1024/C20B6905/23 D0 FA 7F 6A 8F 60 66 BC AF AE 56 98 C0 D7 B0 

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