[LINK] 'Yellow Pages' as a Trademark

Rick Welykochy rick at praxis.com.au
Fri Jan 18 11:22:17 EST 2008


Roger Clarke wrote:

> I've received a 'nastygram' purporting to be on behalf of Telstra/Sensis.
> 
> It says that the web-page at 
> http://www.anu.edu.au/people/Roger.Clarke/ISRes/AISPlug
> "represents out clients' trade mark, in a manner which is not correct".
> 
> I am requested to:
> -   "use the [R inside a circle] symbol next to the trade mark ...";
> -   "use the name of the product as a noun (eg "the Yellow Pages
>      [R inside a circle] Directory".
> 
> The final paras. are at the pleasant end of nastygram expression.
> 
> I'd be interested in your thoughts.

You are not alone. A quick google found this:

<http://www.anecdote.com.au/archives/2007/08/yellow_pages_is.html>

Here is an example of their "nastygram":

<http://www.anecdote.com.au/papers/2222.pdf>


The following pages mention Telstra Yellow Pages without using the
registered trademark symbol. Mr Akhurst could be accused of vexacious
litigation, given the following examples:

<http://www.numberway.com/phone-numbers/83/>
<http://www.beerfiles.com.au/content/view/1342/40/>
<http://www.marine.csiro.au/nddq/ndd_search.Browse_Citation?txtSession=217>

There are thousands of more such examples.


> After you've worked out what *you* think about it, my draft letter is 
> below.  Suggestions for improvement appreciated.

 From what I have seen for years on many web sites and in many written docuemtns,
your compliance can take the following form, instead of putting up the (R)
symbol on the page:


    "All trademarks not owned by Roger Clarke that appear on this site are
     the property of their respective owners, who may or may not be affiliated
     with, connected to, or sponsored by Roger Clarke."


I presume that approach is to allow your writing to be clear and uncluttered
with needless (R) symbols. You will often see it used in the user's manual
for a multi-supplier product, i.e. a networking system implemented by Apple
that connects to Microsoft products. They do not write Microsoft (R) five hundred
times in the document. Rather, a waiver similar to the above is published in
the foreward section of the document.


cheers
rickw





-- 
_________________________________
Rick Welykochy || Praxis Services

You got to keep repeating things over and over and over again for the
truth to sink in, to kind of catapult the propaganda.
      -- George W Bush


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