Subject:
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Re: And I had to laugh!
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Newsgroups:
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lugnet.general
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Date:
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Fri, 9 Sep 2005 20:47:21 GMT
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Viewed:
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1095 times
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Hmmm... I think the "average consumer" (and collectors alike) need to
realize the position that LEGO is in. Under American trademark law LEGO
must make a continuing effort to distinguish it's trademark.
The company is probably posting statements like the one mentioned here
not because it is under any delusion that it will do any good, but
because if they don't... legally, it could hurt them.
If, in court, it it can be shown that a company is not aggressively
protecting their trademark, then there is a chance they can lose that
trademark.
This is what happened to the word "aspirin", which used to be a
trademark of the Bayer company.
Companies like Kleenex, Xerox, FedEx, and Scrabble all make similar
official statements (officially it's "Kleenex brand tissues" and
"Scrabble brand crossword game", and the other companies loathe making
verbs out of "Xerox" and "FedEx"). Every company from Coca-cola to
Google has similar policies (which they at least remind their employees
of, if not their customers).
If LEGO did not defend its mark, then, theoretically, a clone company
could argue that "LEGO" is a generic term and the phrase "Megabloks
LEGOs" is fair game...
Legally, anyone who says "LEGOs" is enforcing that generic mentality
(again, legally... not necessarily realistically).
Yes, it may all seem silly, but I hardly think it's an overbearing
request of the LEGO company. And it's not like they're threatening
anyone. They're just asking. Politely. And matter-of-factly.
If people want to gripe about this issue, they should direct their
criticisms toward U.S. law, not the companies that have to operate
within its constraints.
My $.02,
Eric Harshbarger
David Simmons wrote:
> Ya know, I have to agree with the comments on this site. The Lego Group
> should change their name to Sisyphus Inc. if they think that they have a
> snowball's chance in heck of ever changing the way their average consumer
> describes their product. Parents and children have been calling them
> "Legos" ever since I can remember, and it's NEVER going to change. EVER.
> Those of us who are more involved in the product know the difference, but
> it's as clear as crystal that the average consumer has got much more on
> their mind than proper pronounciation of trademarks.
>
> Does this all sound a bit angry? My apologies. It's just that I've been to
> enough public Lego club meetings in the past years to see the difference
> between consumers and fans when it comes to this issue. TLG really needs to
> give this up or find a way to use it to their advantage.
>
> David Simmons
>
>
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Message has 2 Replies:
 | | Re: And I had to laugh!
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| (...) Well stated Eric, For me "LEGOS" is like fingernails on a chalkboard. I always find myself correcting folks (politely), by telling them that they are "moiderin' the King's English". Same thing when people use "monies" incorrectly. Gary Istok (...) (19 years ago, 9-Sep-05, to lugnet.general)
| | | Re: And I had to laugh!
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| (...) Fair point, but I don't think the problem is so much that they're protecting their trademark, but with the way they're doing it. The 'Fair Play Policy' page has been up for ages, isn't that enough? Or if not, isn't there a more subtle and/or (...) (19 years ago, 12-Sep-05, to lugnet.general)
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Message is in Reply To:
| | Re: And I had to laugh!
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| Ya know, I have to agree with the comments on this site. The Lego Group should change their name to Sisyphus Inc. if they think that they have a snowball's chance in heck of ever changing the way their average consumer describes their product. (...) (19 years ago, 9-Sep-05, to lugnet.general)
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