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Article #6132

Re: Trademarks

#6132
From: Dan Tilque
Date: Thu, 04 Jan 1990 18:49
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 Greg_d._Moore@mts.rpi.edu (Commander Krugannal) writes:
>
>     Nothing to do with the shuttle? Hell they use Velcro all
>   over the place! In fact NASA is researching a wing held together
>   partly by velcro. 

Run out of baling wire have they?

>      And you are confusing patents and trademarks. A patent can run
>   out (17 years I believe). A trademark is forever unless it is
>   ruled that the term has come into popular usage. Such as cellophane.

No I wasn't confusing trademarks and patents but the two are related.
As long as the patent lasts, the patenter has control over what the
invention is called as far as marketing goes.  

However, once the patent expires, anyone can make that product.  If,
because of previous marketing, that product is known to the public by
only one name, such as velcro, anyone else who tries to sell it is
likely to want to use that same name.  This is especially true if the
generic is something unwieldy like 'hook-and-loop fastener' as someone
has told me by e-mail.

It's interesting that you mention cellophane because that's exactly how it
became generic.

>      And Velcro American Inc. (there are different companies owned
>   in different countries. not sure who the parent is, but didn't
>   think it was du Pont.) very vigoursly fights the illegal use
>   of of the term Velcro(tm). I doubt they will give up all that
>   easily. 

I'm probably wrong about it being duPont.  They learned a lesson with
cellophane: that new materials need a generic term.  When they invented
nylon, they went out of their way to make sure that nylon was a generic
in all countries of the world.

Of course, it may be that no other manufacturer will feel the profits are
worth an expensive legal battle to use the word velcro.

---
Dan Tilque	--	dant@mrloog.WR.TEK.COM
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From: dant@mrloog.WR.TEK.COM (Dan Tilque)
Newsgroups: sci.space.shuttle
Subject: Re: Trademarks
Message-ID: <1258@wrgate.WR.TEK.COM>
Date: 4 Jan 90 18:49:26 GMT
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