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Thread: Proper use of the word PHOTOSHOP...... dont get yourself into any legal mess =D =p

  1. #61
    vince123123
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    Default Re: Proper use of the word PHOTOSHOP...... dont get yourself into any legal mess =D =

    Yeap you are right, perhaps we can agree to disagree.

    With resepct to your 2nd paragraph however, most of these TMs started out as being very unique and invented word. I'm not sure how Photoshop originated - whether as a TM or a product descriptor - maybe they named it Adobe Photoshop Photo Editing Software? Not sure on this.

    I disagree on your third paragraph - the idea of TMs is for the public to consider - if there's no public, there's no TM. TM laws are also centric around the public, even when asssesing whether similar marks are infringing, the position taken is whether it will lead to a likelihood of confusion on the part of the public.

    I think they aer still around, just not known as the brands we now commonly know as common product descriptors.

    Quote Originally Posted by zoossh View Post
    yup, i misread.

    actually i think our different opinion may just end up over here. i actually think that the above is right. i think the other shops should on their own initiative named their products with a more generic term than the trademark that exist with the existing original company.

    actually it is not a question of whether i consider them as TM or not, becos i feel that TM exist as they are, and is not up to the difference of how people consider (actually in the first place, if i dun even know of it, there wouldn't be a case of "considering").

    i thought the examples just go to show that these TMs in the past hardly have their market existence known now and had their requests overruled by the court.

  2. #62

    Default Re: Proper use of the word PHOTOSHOP...... dont get yourself into any legal mess =D =

    [QUOTE=haagen_dazs;3016830][COLOR="Blue"]Found this on digg.com
    I understand where Adobe is coming from.
    Interesting read and do take note (especially if you like to blog and write about how you post process your work)

    Go back to Adobe and read in full. Its meant for 3rd party developers who are packaging, doing brochures, writing manuals and cover stories using Photoshop.

    It has nothing to do with the man on the street or how he decribes his use of ps.

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