Re: copyright or trademark

From: Bob Stock <bstock[_at_]attymail.com>
Date: Sat, 20 Mar 1999 13:25:53 -0800

On 3/19/99, Steve Jamar <sjamar[_at_]law.howard.edu> wrote:
>
> I agree with the statements made by most that use of tradenames in
> novels is not infringing use.
>
> However, I seem to recall from years past that Coca-Cola has threatened
> and indeed sued to force publishers to capitalize the name and even to
> use the circled tm or r. I believe the stated concern was that they
> didn't want "coke" to become generic. Hence part of the humor of the
> the old SNL skits "no coke, pepsi."

Can you point to any law or judicial decision that requires a publisher to capitalize a trademark or insert a symbol after the trademark? Did any suit brought by Coca-Cola reach a final judgment? I have yet to hear that there is any legal compulsion to label trademarks in the way that the trademark owner wishes them to be labeled. I think it's propaganda on the part of the trademark owners and some of their counsel.

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Bob Stock <bstock[_at_]attymail.com>
http://www.geocities.com/Paris/1206/

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Received on Sat Mar 20 1999 - 21:26:46 GMT