Richard Körber wrote on 08/31/2009 04:03 AM:
If I would start to write "Fedora®", but would not write a trademark
symbol
for (let's say) "Intel", a visitor could conclude that Fedora is a
registered
trademark, and Intel is not. I am afraid I could then be a target for a
trademark infringement claim from Intel. :) (Remember: German law
applies.)
Do you know for a fact that this is true under German law? If you could
point me to a reference that would be very helpful.
There is no precedence for my example. Anyhow there is a legal
construction called "Störerhaftung" (verbatim translated as "disturbance
liability"), which (simply spoken, as I am not a lawyer) makes me liable
for helping on trademark infringements.
For example, if I link to a page that infringes a trademark, I can be
sued for placing that link even if I wasn't aware of that infringement.
Some "black sheep lawyers" make a fortune with that construction. I just
want to try my best to stay in safe waters, by refraining from
experiments with trademark signs. ;-)
The trademark guidelines talk about the "first instance of the
trademark". If I understand it correctly, it is not required to place a
trademark sign on any occurance of "Fedora". But what exactly is the
"first instance"? Maybe we can find a win-win situation here.
Thanks for the information. I've posted a general question to a
listserv of trademark lawyers to see what other trademark lawyers might
think about it.
Which may not mean much; if a listserv told me not to worry I'm not sure
that the advice would be good enough for me. But at least we may get
some more information.
The "first instance" standard is pretty commonplace. Normally I
recommend using it in title bars and headings, and then the first time
it's used in the text. But as far as I know there's no country that
says specifically where you have to use the symbol. Do you have an idea
for a way it would work for you?
Pamela
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