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| Authored by: Anonymous on Monday, May 13 2013 @ 08:13 PM EDT |
And Apple is a strong trademark for Apple Computer, too, so long as there was no
overlap with the pre-existing Apple trademark originated by certain musicians.
It was only when there arose overlapping and possibly clashing business
interests that the computer company and the music company had to take note of
each other and come to some agreement. Which, I understand, they did.
Another example:
In Europe there is a brand of laundry detergent called Linux, sold in many
supermarkets. There is no conflict between laundry detergent and computer
operating systems. Thus, neither the company producing laundry detergent nor the
people who are concerned with defending the trademark of the operating system
have ever, to my knowledge, expressed any concern about this situation.
Still another example:
RCA used to be RCA Victor. There are also Victor-branded mousetraps and rat
traps. I never heard the respective companies suing or threatening to sue the
other, and they coexisted in business for years.
Yet another:
Camel brand patch kits for inner tubes for cars and bicycles. Not sure, but I
think they are still in business. The package which the kit comes in even has a
design on it which resembles the design on a package of Camel cigarettes. I
don't really know, but I never heard of the two companies locking horns about
that. Though in this case it really does make me wonder because the patch kit
package kit's design so obviously was a takeoff of the cigarette package. Maybe
they did pay royalty for that.
The mere fact that two companies may produce completely different products under
the same name, which do not compete with each other in any noticeable way, does
not cause a trademark violation. Nobody needs to run to the rescue. Only when
there is an overlap, possibility of confusion, or the like, does the possibility
of a conflict arise. That brings up exactly the scenario in which a company has
to "use it or lose it."
Of course, we really don't know what comes next. There has been such a spate of
companies going crazy about trademarks as well as patents that it leaves
ordinary people practically dumbstruck with sheer amazement at the audacity. The
situation brought up in the article is, needless to say, a very good example.
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