[WikiEN-l] Wikipedia: The Missing Manual (O'Reilly, Dec 2007)

[Anthony]

On 10/21/07, Bryan Derksen <bryan.derksen at 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?