From stateofmin@aol.com Sat Sep 22 22:49:18 2007
Subject:Re: "clonewheel' trademark, was: Diversi

Trademark lawyers regularly put additional words in front of descriptive
words to try to make a descriptive mark less descriptive and more trademarkable.
It is common practice.

If you throw enough time or money at a bad trademark, it may still work.
That doesn't make it a good mark. The best marks are fanciful and the best
trademark lawyers try to use fanciful marks on major goods in commerce.

The test of a good trademark is how it holds up in litigation. Any huge
company who puts a multi-million dollar ad campaign into a bad mark is either
foolish or ill advised. Or it hasn't given the quality of the mark any serious
consideration.

I represented at least one small company that stopped a major company from
using a name after it had spent millions on advertising. Their money and size
worked against them.

As a collateral aside, copyright has absolutely nothing to do with
tradenames or trademarks.

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