> Speaking with some experience it is nearly impossible to enforce
> a ™ trademark, especially if there are other trademarks of the
> word or phrase or name. If you want to use McDonald’s in your
> name for a hardware store you better be sure you get a ® for it
> if you want to defend it, since there is already an established ®
> (more than one, in fact) in place.
It is my understanding that - in the U.S. - trademarks are:
1) limited by industry. Apple Compuuter and Apple Corps (the
Beatles' music label) got along just fine ... until Apple Compuuter
started doing stuff with music on computers. More information on
what followed is at:
2) limited by geography. Nudnik's Hardware, with one store
outside Anchroage, will not be able to enforce trademark against
Nudnik's Hardware one store im the U.S. Virgin Islands. McDonald's
is obviously the case at the other end of that spectrum.
3) limited by prior usage. A "McDonald's" restaurant which has
been in continuous operation in substantially the same location
since 1867 may be able tell the other McDonald's to go whistle.
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