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From: dawn@prism.UUCP
Newsgroups: net.legal
Subject: Re: Re: Some McDonalds tips NEVER work??
Message-ID: <6100002@prism.UUCP>
Date: Fri, 26-Apr-85 13:02:00 EDT
Article-I.D.: prism.6100002
Posted: Fri Apr 26 13:02:00 1985
Date-Received: Fri, 3-May-85 03:42:31 EDT
References: <417@ihlpg.UUCP>
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Nf-ID: #R:ihlpg:-41700:prism:6100002:000:1761
Nf-From: prism!dawn    Apr 26 16:02:00 1985


>	 There is a law in Britain called "The Trades Descriptions Act". 

	The US has a variety of consumer protection laws that prohibit the
	misrepresentation of a product to potential consumers. We also	
	have trademark laws that protect the investment that producers make in
	promoting brand-names for their products.

	(A trademark is a device or word that points distinctly to the 
	ownership or origin of the merchandise to which it is applied; it is
	legally reserved to the exclusive use of the owner as maker or
	seller.)

	If a trademark becomes too successful, it may become synonomous
	with the description of the merchandise, and cease to point clearly 
	to the origin or manufacturer of that merchandise. If that happens, 
	the company can lose its rights to the trademark; the word then falls
	into the public domain. Some examples are zipper and escalator, which
	were both once registered trademarks.

	Because of this threat, Coca-Cola was actively prosecuting restaurant 
	chains that provided some other cola, when Coke was requested. Xerox
	is also spending vast sums of money to remind people that Xerox is
	the name of a company, not a synonym for 'photocopy'.

	There is no such thing as a *generic* coke. Coke is a registered
	trademark, owned by Coca-Cola. If you do not wish to indicate
	a preference for a particular brand of fizzy, brown, soft-drink, then
	you should request a *cola*. 

	So, as for those smarmy waitresses who inform you in their best 
	well-aren't-you-uninformed tone that, "we only sell Wally cola", 
	when you dare to request a Coke: they must object to your flabby 
	"english"! :)

	(Of course, PepsiCo is probably eagerly awaiting the day when they 
	can advertise Pepsi coke...)

					-Dawn Stockbridge-Hall.