Follow-up: Trademarks AS nouns...?

Subject: Follow-up: Trademarks AS nouns...?
From: Jill Waite <jwaite -at- criticaldevices -dot- com>
To: "Techwhirl (E-mail)" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Fri, 6 Oct 2000 08:44:35 -0500

To all who replied to my query regarding the use of trademarks and their
associated descriptors, many thanks. Much of it was helpful. I have a
follow-up question to my original post...but first, some explanation.

I am new to this list and am still learning how to phrase my postings such
that I don't waste your time or my own. Last time my post was too broad. My
intent this time is to narrow the focus.

Background:
Before I made my first posting on this topic, I checked the legal Web pages
for the following sites: Microsoft, Novell, Cisco, Hewlett-Packard, Palm,
Sun, IBM ad infinitum/ad naseum. I also found some "legal-ish" Web sites
(let me know if you want the URLs) regarding trademarks and copyrights. I
also checked Chicago Manual of Style and Microsoft's Manual of Style.
Lastly, I checked the Techwhirl archives. My questions were/are a result of
all that homework, not due to the lack of it.

From my research, I conclude the following:
1. Brand names, i.e., trademarks, must be spelled correctly (e.g., NetWare
not Netware).
2. Brand names, i.e., trademarks, need to be marked with trademark symbols
at first and/or most prominent use.
3. Trademarks are adjectives and must be followed by noun descriptors.
4. Because trademarks are adjectives, not nouns, then it is not permissible
to use them as possessives or plurals.

Qualifiers:
1. The question below does not refer to the need for attribution statement,
merely the use of brand names in the running text. I am pretty comfortable
with the attribution statement.
2. Please note in the following question that I am making a distinction
between the uses of "trademark symbol" and "descriptor."
3. I realize techwhirlers aren't attorneys, and I am *not* asking you for a
legal opinion (unless you would like to share what legal advice you have
received from whatever source). What I *am* asking for is your opinion:
what you do in your documents when you deal with this issue.

Having said all that...

Question:
If we (a) mark the brand name only on the first and/or most prominent use
AND (b) use the descriptor only on the first and/or most prominent use, then
is it permissible to use the brand name as a possessive or plural later on
in the text? Or do you keep monkeying with the sentence structure to ensure
these brand names do not get used in this manner?


Thanks in advance,
Jill Waite
Dallas, TX (finally raining - hooray!)
jwaite -at- criticaldevices -dot- com




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