On Thu, 31 Jan 2002, Ben A L Jemmett wrote:

> > NetWare is also capitalized.
>
> Irrelevant,

Sorry, but if you happen to be the owner of a trademark, or an attorney
employed to defend a trademark, this is VERY relevant - your income
depends on it!

>            unless the word exists in the English language

Don't forget 600+ OTHER languages.

>                                                            prior to
> registration of the trademark.

An existing word in any language used by the community likely to use the
product is a weak choice.  A phrase is easier to defend, but often not as
"catchy".  Imagine the cost of the litigation between "Apple Corp." (the
Beatles) and "Apple Corp." (the computer manufacturer) when they both
produce CDs...

>                                Also, context is more important -- using
> 'netware' in the context of computer networking or filesharing collides with
> the trademark.

I agree here.  If you took the name of a FORTRAN command (like "ARCSIN")
for a snackbar, or a movie, you could probably get away with it - but it
would be a BAD choice for a name for a new brand of computer, because
there are still many people who might buy a computer who would recognize
the FORTRAN command.  (Note that FORTRAN is one of those languages used
by computers that have not yet learned English.  ;-)

The larger the community likely to use a trademarked product, the harder
it is to find a useful trademark.  I recall reading an account of how IBM
was looking for a catchy name for what they eventually called the "System
360".  Every short word possibility they generated proved to be in use,
inappropriate (like "goat"), or downright salacious, in one or more
languages spoken by their sales-force.

Boyd Ramsay

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