11-15-2006, 06:05 AM
And penguinmama gave the correct answer. 
To be exact (and as explained to me by one competent attorney), it's called
a "collective trademark":
Glossary
These past few months I've been seeing various people asking "is this name
generic?" and all that, especially if they receive a C&D. What one might see
as generic isn't necessarily seen that way by another, especially if that other
can demonstrate trademark rights to the term/s in question.
To think my father referred to his real estate agent as a "realtor". And we're
not even US-based.
To be exact (and as explained to me by one competent attorney), it's called
a "collective trademark":
Glossary
Quote:a trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark that indicates membership in a union, an association, or other organization.
Ladybecklyn Wrote:Oh....I didn't know that. Interesting thread to start Dave Zan. How exactly does this fit with domains? Now I am confused.
These past few months I've been seeing various people asking "is this name
generic?" and all that, especially if they receive a C&D. What one might see
as generic isn't necessarily seen that way by another, especially if that other
can demonstrate trademark rights to the term/s in question.
To think my father referred to his real estate agent as a "realtor". And we're
not even US-based.