Re: better safe than sorry.

Subject: Re: better safe than sorry.
From: Bruce Byfield <bbyfield -at- axionet -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Thu, 13 Dec 2001 12:35:37 -0800

Kelly Werner wrote:

please forgive my newbie question. is it necessary to
trademark/copyright a word each time it appears within the same document or
is the first occurrence all that matters?

You really only need to indicate a trademark or copyright the first time it appears, and to place an acknowledgement in the front matter ("XX is a registered trademark of XXX Corporation"). Whether you indicate them after that depends on how strongly you want to defend the trademark, and how cautious you are.

For example, if the trademark belongs to the company you are working for, and it hasn't been registered, you may want to indicate it every time. That way, if the company's ownership of the trademark was ever disputed, it could show that it had laid claim to the trademark and vigorously defended its right to the trademark.

At other times, the company may want to defend another company's trademark just as strongly to avoid any law suits. This preference is especially common for trademarks of large companies, such as Microsoft.

If your company doesn't care about defending trademarks, then indicating them each time a term is used is over-kill.

Many lawyers would tell you to always indicate trademarks, and err on the side of caution. In practice, that doesn't seem strictly necessary, but it does guarantee that you'd have a minimum of trouble.

--
Bruce Byfield 604.421.7177 bbyfield -at- axionet -dot- com

"No safe house in Birmingham, I found no peace in Skye,
The green fields of Derry were just another lie,
Wrap the barbed wire round me, say I don't belong,
Kick me till I couldn't move, then tell me to move on."
-OysterBand, "The Deserter"





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References:
better safe than sorry.: From: Kelly Werner

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