TIP: Click on subject to list as thread! ANSI
echo: os2prog
to: Andrew Grillet
from: Mike Bilow
date: 1995-11-23 17:26:46
subject: Ctl-Alt-Del

Andrew Grillet wrote in a message to Joe Negron:

 PF> No. DAX was the nickname that IBM is not allowed to use.

 JN> Why?

AG> Presumably because its the registered trademark of a major
AG> clothing manufacturer.

In the U.S., at least, trademark protection only extends to the area of
trade in which the mark is actually engaged.  A line of computers and a
line of clothing would not tend to be seen as infringing upon each other. 
The rule is that infringement occurs when the separate uses would tend to
confuse purchasers or the general public, as might happen in the case of an
especially well known mark whose use and reputation extended outside its
actual area of engagement, such as "IBM."  Since "IBM"
is so well known as a computer manufacturer and is the fourth largest
industrial concern in the U.S., it would be infringement for someone to
make an "IBM" line of clothing, since the public would tend to
assume that the clothing was associated with the computer manufacturer.

-- Mike


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