Re: Trademark restrictions (Kleenex, etc.)

[Win Day <win -dot- day -at- FREENET -dot- TORONTO -dot- ON -dot- CA>]

In Canada, Bayer has the rights to "aspirin". All other brands must use
acetylsalicylic acid, or ASA for short.

On Thu, 22 Dec 1994, Sandy, Corinne wrote:

> Again, another legal issue (are you sure this isn't the TECHWR-LAW List?)!
>  From my limited legal background in copyright and trademark law, there are
> various "words" construed by the courts to be common household terms.  Where
> I am hazy is if the courts strictly do not uphold trademark or copyright
> infringement suits relating to these words, or whether they tend not to.
>   My vague recollection is that words such as:

>      Kleenex, Xerox, Bandaid (there are many, many more but I'm blanking)

> are so commonly used that it would be futile to bring suit because the suits
> would be too numerous.

> I would like to emphasize that this is law, not opinion.    If anyone is
> ever in doubt about issues such as this, the legal library at the nearest
> law school may be used to research  the issues (but I will warn you  it is
> not easy).  Answers  are commonly not black and white and not easy to come
> by (or find).

> Disclaimer:  This information should not be construed or relied upon as
> legal advice. (just in case)


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|Win Day                           | "With a voice of singing      |
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