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Subject: 
word ownership (was Re: Kego Constructopedia)
Newsgroups: 
lugnet.robotics
Followup-To: 
lugnet.off-topic.debate
Date: 
Wed, 8 Sep 1999 21:30:09 GMT
Viewed: 
1080 times
  
In lugnet.robotics, Todd Lehman writes:
[...] If at all possible, it is probably a good idea to avoid using
the word "Constructopedia" in a context such as this.  I don't want to
see [...] anyone [...] here get into trouble for accidentally misusing
[a] trademark [...]

Note that the term CONSTRUCTOPEDIA® is owned by the LEGO Group and may or
may not also be licensed or co-owned by the MIT Media Lab (where the name
originated).

I agree that we shouldn't rely on Papert's 1995 precedent on "constructopedia"
to protect us against LEGO in this case, however it is also useful to be clear
on this "ownership" thing.

No-one owns any word. Constructopedia(r) is a registered trademark of a company
in the LEGO Group, which gives them government-authorized exclusive use of the
word in specific well-defined areas of commerce, and protection against
dilution, libel, etc. in cases that clearly relate to the areas of commerce so
protected.

So, for example, although the words "star" and "planet" are both registered
trademarks in several commerce areas (occurring as single words, not part of a
phrase) that doesn't mean the companies "own" the words themselves and we don't
have to worry about being sued or delivered an injunction if we use these words
in a sentence. Where it becomes a concern is if we tried to use (for example)
"star" in an identifying way in commerce in the computer skills training
industry.

There is also substantial precedent protecting prior use. So, for example,
Seymour Papert is protected against being sued by LEGO for his 1980 book whose
title starts with the word "Mindstorms".

Disclaimers:
  I am not a laywer.
  I do not represent the LEGO(r) Group, Seymour Papert, the MIT Media Lab,
  or LUGNET(r).
  I am not yet but might become involved in the proposed database project.
  The trademark information given above was obtained via the USPTO public
  trademark search at http://www.uspto.gov/web/menu/tm.html

- Robert Munafo                           http://www.mrob.com/
  LEGO: TC+++(8480) SW++ #+ S-- LS++ Hsp M+ A@ LM++ YB64m IC13



Message is in Reply To:
  Re: Kego Constructopedia
 
(...) ^^^...^^^ (...) ^^^...^^^ (...) ^^^...^^^ Brian, Just a couple of general comments on word usage... If at all possible, it is probably a good idea to avoid using the word "Constructopedia" in a context such as this. I don't want to see you or (...) (25 years ago, 7-Sep-99, to lugnet.robotics)

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