On 10/21/07, Bryan Derksen bryan.derksen@shaw.ca wrote:
Anthony wrote:
Now, you're saying you don't think that's possible, that trademark law doesn't apply here. And the fact that there's a "Microsoft Project 2007: The Missing Manual" without any TM or (R)'s on it suggests that maybe you're right. Although, with Wikipedia it's still kind of different (more confusing), because Wikipedia is the title of a series of written works.
AFAIK, the "™" and "(R)" symbols have no particular legal standing even when used by the trademark holders themselves; they're just a commonly understood flag one can wave if one chooses to let people know what you've trademarked. Third parties are under no obligation to use them and I remove them from articles whenever I see them (unless of course the article is talking specifically about those symbols).
What I'm saying is that if Microsoft had given permission to ORLY to use its trademark, they would have probably insisted on including TM or (R). Since ORLY didn't use those symbols, they probably were using the mark without permission. (The converse wouldn't be valid, though).
Incidentally, though, doesn't the use of a trademark, by the trademark holder, without an identifying symbol, promote losing the mark to genericide?