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Re: [arcusers] Re: Is the ARC a "FOIL"?

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  • gamelord
    Because Arc is the actual name of the kite produced by Peter Lynn, it would be an infringment on the trade name or copyright for any other kite manufacturer
    Message 1 of 11 , Mar 1, 2003
      Because "Arc" is the actual name of the kite produced
      by Peter Lynn, it would be an infringment on the trade
      name or copyright for any other kite manufacturer to
      use the name "Arc" to describe their own version of
      their kites if Peter Lynn forbid it to be used. As in
      the "Crescent Wrench" saga, even though the name
      applies to multiple manufactures that produce the
      exact same wrench, it is an infringment on the
      trademark of "Crescent" to actually use the name of
      "Crescent" to describe or sell their own versions of
      the wrench (without proper authorization from
      Cresent). The same goes for Vice Grips as well as
      "Levi" jeans and "Frisbee" and thousands of other
      products, just imagine if "AMD" came out with a new
      microprocessor and called it a "Pentium 5" or if Apple
      came out with a new operating system and called it
      "Windows 5000", even if the new version of windows ran
      all the same software as XP or 98 - AND - windows
      couldn't develop the same program if they tried, they
      still couldn't use the name "Windows" anywhere on the
      product without every attorney in the world writing
      them a 1000+ page lawsuit on behaf of Microsoft.

      It would all depend on Peter Lynn and wether or not he
      has a trademark or copyright on the name "Arc", and
      wether or not he would want to restrict the use of
      said name from any other kite manufacturers.

      I still believe that people will refer to all kites of
      this style as "Arc's" regardless of any restrictions
      placed by Peter Lynn, just as an "adjustable end
      wrench" is still called a "Crescent", locking pliers
      are still called "Vise Grips" and "Denim Jeans" are
      still sometimes called "Levi's", even if they arent
      made by the original manufacturers of those products.

      (these are my opinions only)

      --- Mel <kiteboarder@...> wrote:
      > <theflyingtinman@...> wrote:
      > > ?? I know what you mean (probably a more relevant
      > example would
      > > have been "Windsurfer")
      > Yes. Funny I didn't think of that one, although now
      > that I AM thinking
      > about it, several years after Windsurfer
      > International was founded (or maybe
      > even after it closed) it was actually decided in
      > court that "windsurfer" was
      > legally "generic" (could be used by any manufacturer
      > to describe a similar
      > product).
      > > but I always thought "crescent wrench"
      > > and "vice grip" were generic terms - not brand
      > names.
      > Then it's a perfect example! Crescent is the name
      > of a company, possibly
      > the first to do so, that manufactures adjustable
      > wrenches. Likewise for
      > Vice-Grip, however unlike generic crescent wrenches
      > made by other companies,
      > I have NEVER used an off-brand generic vice-grip
      > that worked very well at
      > all, compared to the "real" ones. Now that I think
      > of it, for all I know
      > they may have decided in court that THOSE terms have
      > now become legally
      > generic too (even though the original companies are
      > still in business).
      > The point is that they originated as trade names, &
      > are now used generically
      > by the general public (even though it may be illegal
      > for competing
      > manufacturers to use the same terms to describe
      > similar products). In other
      > words, I was simply wondering if the name "ARC" will
      > stick, & in 5 years
      > we'll be saying "I fly an Ocean Rodeo arc".
      > Mel

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