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Copywriting Descriptions??

PostPosted: Fri Nov 19, 2004 3:35 am
by surf patrol
I received an email this morning from a company who have trademarked the term "Soft Surfboards" and they have asked that I remove it from the main site where it is used to describe products other than theirs.
It seems strange to me that you are actually able to trademark a name that describes something and can stop other people using it.
I confess to know nothing about trademarking and look forward to hearing about it.

ps. I am currently in the process of trademarking the terms 'surfing', 'surfboards' and 'fibreglass surfboards'. :D

PostPosted: Fri Nov 19, 2004 7:06 am
by Brent
The term "soft" is a generic term used to describe something's physical state. I fail to see how they could be successful in registering this. And being successful in court at prohibiting your (or anybodies) use of this term. The term "soft" surfboard has been around since about the 1970's...long before their product.

Similar examples of generic use would be calling water "wet", a knife "sharp", a fire "hot" for example...

Good luck to them eh...

PostPosted: Fri Nov 19, 2004 9:58 am
by PapaW
I wouldn't worry about it, its like all this PC crap thats making me laugh so much at the moment.

tbh its one of thoese pinickity things. If any trouble kiks up then just use 'foam' insted.. but then you migh have probles with cleaning companies or hair products... ARGH!

PostPosted: Fri Nov 19, 2004 12:35 pm
by azuresurf
Trademarking it just refers to their product, so I would think, that as long as you don't capitalize it, and add some brief description maybe in parenthesees, you ought to be clear of any legal BS.