User talk:Masem/Trademarks
Latest comment: 12 years ago by Ukexpat in topic Suggestion
Suggestion
editMaybe add to the best practices: using the generic term in preference to the trademark, so "PTFE" rather than "Teflon"; "adhesive bandage" or "sticking plaster" rather than Band-Aid; and not using registered trademarks as adjectives - "a vest made of Kevlar, rather than "a Kevlar vest". – ukexpat (talk) 19:05, 2 February 2012 (UTC)
- The name of the object is Teflon Tape not Tape made of PTFE. --Guerillero | My Talk 05:05, 3 February 2012 (UTC)
- Not necessarily - not all PTFE tape is made of Teflon, but all Teflon tape is made of PTFE. From a trademark law perspective if the owner of the trademark didn't take action against a product called "Teflon tape" that wasn't in fact made from Teflon, that would be evidence of "genericization". – ukexpat (talk) 13:51, 3 February 2012 (UTC)
- Against that idea. "Kevlar vest" is simpler and shorter and gets the idea across better. Imagine "vests that were colored brown, and made of wool" instead of "brown woolen vests". --GRuban (talk) 18:29, 6 February 2012 (UTC)
- That's an irrelevant comparison because "brown" and "woolen" are not registered trademarks. – ukexpat (talk) 18:34, 6 February 2012 (UTC)
- I understand the point, but think it is not relevant. Adding "made of" does not add any information. --GRuban (talk) 19:15, 6 February 2012 (UTC)
- No, but it is necessary to distinguish from the genericized term "Kevlar vests" which includes not only "vests made of Kevlar(TM)" but vests made of other products that act like Kevlar. If we are specifically talking about vests constructed from the trademarked material, "vests made of Kevlar" avoids the generic term. --MASEM (t) 19:18, 6 February 2012 (UTC)
- Aha. That makes more sense; there is some information added. I humbly propose it needs to be explained better, then. Also, when the term is used generically, is it not lower case? "kevlar vests"?--GRuban (talk)
- The point is that Kevlar has yet to fall into a case where its trademark has been lost due to genericization. "kevlar" as a lower case word technically isn't a word, but clearly based on the trademarked one. --MASEM (t) 19:43, 6 February 2012 (UTC)
- Sigh. Seems too complex to be worth the candle, I'm afraid. --GRuban (talk) 20:00, 6 February 2012 (UTC)
- The point is that Kevlar has yet to fall into a case where its trademark has been lost due to genericization. "kevlar" as a lower case word technically isn't a word, but clearly based on the trademarked one. --MASEM (t) 19:43, 6 February 2012 (UTC)
- Aha. That makes more sense; there is some information added. I humbly propose it needs to be explained better, then. Also, when the term is used generically, is it not lower case? "kevlar vests"?--GRuban (talk)
- No, but it is necessary to distinguish from the genericized term "Kevlar vests" which includes not only "vests made of Kevlar(TM)" but vests made of other products that act like Kevlar. If we are specifically talking about vests constructed from the trademarked material, "vests made of Kevlar" avoids the generic term. --MASEM (t) 19:18, 6 February 2012 (UTC)
- I understand the point, but think it is not relevant. Adding "made of" does not add any information. --GRuban (talk) 19:15, 6 February 2012 (UTC)
- That's an irrelevant comparison because "brown" and "woolen" are not registered trademarks. – ukexpat (talk) 18:34, 6 February 2012 (UTC)
- Against that idea. "Kevlar vest" is simpler and shorter and gets the idea across better. Imagine "vests that were colored brown, and made of wool" instead of "brown woolen vests". --GRuban (talk) 18:29, 6 February 2012 (UTC)
- Not necessarily - not all PTFE tape is made of Teflon, but all Teflon tape is made of PTFE. From a trademark law perspective if the owner of the trademark didn't take action against a product called "Teflon tape" that wasn't in fact made from Teflon, that would be evidence of "genericization". – ukexpat (talk) 13:51, 3 February 2012 (UTC)
I am afraid that trademarks are a complex area, there is no way round that. Trademarks are highly valuable assets and that's why companies spend a lot of money defending them. – ukexpat (talk) 20:21, 6 February 2012 (UTC)