Bayer lost the trademark in the US in the case
Bayer Co. v. United Drug Co., 272 F. 505 (S.D.N.Y. 1921),
in which the term "aspirin" was ruled to be generic.
Before 1915, Bayer marketed acetylsalicylic acid powder to
physicians and pharmacists under the name "Aspirin," the same name
under which
on Wed, Jul 04, 2001 at 07:04:32PM -0400, Carl Fink ([EMAIL PROTECTED]) wrote:
> On Wed, Jul 04, 2001 at 05:39:33PM -0400, Jason Healy wrote:
> > Probably because if you don't protect your trademarks in this country,
> > they fall into the public domain. That's why you can say "asprin"
> > when yo
csj writes:
> How about Kill Illustrator? It sounds like it anyway - KILLustrator.
That would infringe as much as Killustrator does. The trick with FAIR is
that you can let everyone know what it stands for and not infringe as long
as you don't use the word 'Illustrator' in the labeling of the pro
On Sunday 08 July 2001 10:12, John Hasler wrote:
> Erik Steffl wrote:
> > they should rename KIllustrator to: Adobe Illustrator Replacement
> >
> > that should be covered by fair use (it only refers to adobe
> > illustrator which is allowed)
>
> "Fair use" is a term in copyright law. It has no mea
John Hasler wrote:
>
> Erik Steffl wrote:
> > they should rename KIllustrator to: Adobe Illustrator Replacement
> >
> > that should be covered by fair use (it only refers to adobe
> > illustrator which is allowed)
>
> "Fair use" is a term in copyright law. It has no meaningful application
> that
Erik Steffl wrote:
> they should rename KIllustrator to: Adobe Illustrator Replacement
>
> that should be covered by fair use (it only refers to adobe
> illustrator which is allowed)
"Fair use" is a term in copyright law. It has no meaningful application
that I know of to trademarks.
Aaron Bras
On Wed, Jul 04, 2001 at 12:52:48PM -0700, Erik Steffl wrote:
> they should rename KIllustrator to: Adobe Illustrator Replacement
>
> that should be covered by fair use (it only refers to adobe
> illustrator which is allowed)
How about one better:
Free
Adobe
Illustrator
Replacement
aka: FAIR
Jason writes:
> ...but not Xerox(tm) to mean photocopying, Kleenex(tm) to mean facial
> tissues, and Ziplock(tm) to refer to plastic storage bags.
I can say all of those things, as long as I am not doing so in an effort to
sell anything.
Michael A. Miller writes:
> Nor spam to mean SPAM(tm) lunch
> "Jason" == Jason Healy <[EMAIL PROTECTED]> writes:
> That's why you can say "asprin" when you want to cure a
> headache (because Bayer didn't defend its trademark), but
> not Xerox(tm) to mean photocopying, Kleenex(tm) to mean
> facial tissues, and Ziplock(tm) to refer to pla
also sprach Craig Dickson (on Thu, 05 Jul 2001 03:42:50PM -0700):
> I don't understand the distinction you're making. Is "illustrator" a word
> in German also? The only difference I see in "Illustrator vs. illustrator"
> is the capitalization.
that's the difference. yes, Illustrator is a german wo
Joe 'Zonker' Brockmeier writes:
> However, Prarie Farms shouldn't be able to go after someone else for
> selling KMilk or whatever.
They can't, as long as the product in question is milk. If the product in
question is software or motor oil, they can.
> Could have, but the developer shouldn't *ha
der.hans wrote:
> Actually, this appears to be the German way in this case :). First it's
> in .de. Second, notice that it's a German word, not an English word, e.g.
> Illustrator vs. illustrator. He should change it to Killustrator and see
> if the .us portion of Adobe comes after him ;-).
I don
On Thu, 5 Jul 2001, der.hans wrote:
> Am 05. Jul, 2001 schwäzte Jan Ulrich Hasecke so:
>
> > "Eric G. Miller" writes:
> >
> > > Protest all you like, but I think Adobe probably has a valid claim of
> > > trademark infringement.
> >
> > Today KIllustrator, tomorrow M$ sues KWord and KOffice.
Am 05. Jul, 2001 schwäzte Jan Ulrich Hasecke so:
> "Eric G. Miller" writes:
>
> > Protest all you like, but I think Adobe probably has a valid claim of
> > trademark infringement.
>
> Today KIllustrator, tomorrow M$ sues KWord and KOffice. Every project
> can be sued this way, it only a quest
Balbir Thomas <[EMAIL PROTECTED]> wrote:
> Adobe lawyers ask
> developer of killustrator to pay fines for using a name that abuses
> their trade mark illustrator.
This reminds me of a similar case in the Netherlands, about ten years
ago. About one hundred years ago some enthousiastic bicycle rid
> Today KIllustrator, tomorrow M$ sues KWord and KOffice. Every project
> can be sued this way, it only a question of ill fantasy. In the end
> you can only use numbers for your projects.
>
> If we do not defend our rights, who should? The american way of buying
> words out of our languages must b
Maybe I'm misremembering, but...
The real problem isn't even being mentioned in this thread. The
developer of Killustrator is willing to change the name; the problem is
that the lawyers in Germany (possibly quite independently of Adobe) are
demanding lots of money from one of the developers, to "
On Thu, Jul 05, 2001 at 04:23:29PM +0200, Jan Ulrich Hasecke wrote:
> Today KIllustrator, tomorrow M$ sues KWord and KOffice. Every project
> can be sued this way, it only a question of ill fantasy. In the end
> you can only use numbers for your projects.
I think there is a distinction here. Whi
On Wed, 4 Jul 2001, Eric G. Miller wrote:
> On Wed, Jul 04, 2001 at 03:43:56PM -0500, Balbir Thomas wrote:
> > I would believe the ethical way to deal with an opensource developer,
> > who doesn't profit from his products is to contact him first, rather
> > than throw a bunch of law dogs at him. A
"der.hans" wrote:
>
> Am 04. Jul, 2001 schwäzte Balbir Thomas so:
>
> > Yet another case of open source developers being harassed. Adobe lawyers
> > ask developer of killustrator to pay fines for using a name that abuses
> > their trade mark illustrator. Go read about it at slashdot , and then
>
"Eric G. Miller" writes:
> Protest all you like, but I think Adobe probably has a valid claim of
> trademark infringement.
Today KIllustrator, tomorrow M$ sues KWord and KOffice. Every project
can be sued this way, it only a question of ill fantasy. In the end
you can only use numbers for your
Carl Fink wrote:
Another point: since "Illustrator" is a good description of the
activity
> being performed by the product, it's probably not a defensible trademark.
> (Note: I'm not a lawyer, and am giving no one legal advice.) By law, you
> can't trademark a description of the product -- for in
On Wed, Jul 04, 2001 at 03:43:56PM -0500, Balbir Thomas wrote:
[snip]
| I would believe the ethical way to deal with [disagreements] is to
| contact [the other party] first
Agreed (with obvious editorial license taken ;-)).
On a better note, a while ago some company contacted John Harper
(auth
On Wed, Jul 04, 2001 at 07:26:07PM -0400, Antonio Rodriguez wrote:
> It seems to me that from certain perspective it is plain ridiculous that a
> group of humans can claim a word, group of words or phrase as theri personal
> or corporate property. The laws may support it, but the it does not deny i
It seems to me that from certain perspective it is plain ridiculous that a
group of humans can claim a word, group of words or phrase as theri personal
or corporate property. The laws may support it, but the it does not deny its
stupidity, nor the blindness of the fact.
On Wed, Jul 04, 2001 at 05:39:33PM -0400, Jason Healy wrote:
> At 994279436s since epoch (07/04/01 16:43:56 -0400 UTC), Balbir Thomas wrote:
> > After all what kind of a person or company would want to levy a financial
> > burden on a man who has contributed his time and resources, for a community
On Wed, Jul 04, 2001 at 05:39:33PM -0400, Jason Healy wrote:
> Probably because if you don't protect your trademarks in this country,
> they fall into the public domain. That's why you can say "asprin"
> when you want to cure a headache (because Bayer didn't defend its
> trademark) . . .
Urban m
At 994279436s since epoch (07/04/01 16:43:56 -0400 UTC), Balbir Thomas wrote:
> After all what kind of a person or company would want to levy a financial
> burden on a man who has contributed his time and resources, for a community
> benifit.
[Obligitory IANAL]
Probably because if you don't prot
On Wed, Jul 04, 2001 at 03:43:56PM -0500, Balbir Thomas wrote:
> I would believe the ethical way to deal with an opensource developer,
> who doesn't profit from his products is to contact him first, rather
> than throw a bunch of law dogs at him. After all what kind of a person
> or company would w
On Wed, Jul 04, 2001 at 12:05:14PM -0700, Eric G. Miller wrote:
> On Wed, Jul 04, 2001 at 01:00:38PM -0500, Balbir Thomas wrote:
> > Hi,
> > Yet another case of open source developers being harassed. Adobe
> > lawyers ask developer of killustrator to pay fines for using a name
> > that abuses their
"Eric G. Miller" wrote:
>
> On Wed, Jul 04, 2001 at 01:00:38PM -0500, Balbir Thomas wrote:
> > Hi,
> > Yet another case of open source developers being harassed. Adobe
> > lawyers ask developer of killustrator to pay fines for using a name
> > that abuses their trade mark illustrator. Go read abou
On Wed, Jul 04, 2001 at 01:00:38PM -0500, Balbir Thomas wrote:
> Hi,
> Yet another case of open source developers being harassed. Adobe
> lawyers ask developer of killustrator to pay fines for using a name
> that abuses their trade mark illustrator. Go read about it at slashdot
> , and then give yo
Am 04. Jul, 2001 schwäzte Balbir Thomas so:
> Yet another case of open source developers being harassed. Adobe lawyers
> ask developer of killustrator to pay fines for using a name that abuses
> their trade mark illustrator. Go read about it at slashdot , and then
> give your feedback to Adobe. I
Hi,
Yet another case of open source developers being harassed. Adobe lawyers ask
developer of killustrator to pay fines for using a name that abuses their trade
mark illustrator. Go read about it at slashdot , and then give your feedback
to Adobe. I already did. We can't let such harassment go wi
34 matches
Mail list logo
