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- Path: sparky!uunet!zaphod.mps.ohio-state.edu!news.acns.nwu.edu!telecom-request
- Date: Thu, 31 Dec 1992 17:05:56 EST
- From: Paul Robinson <FZC@CU.NIH.GOV>
- Newsgroups: comp.dcom.telecom
- Subject: A "Sound Mark" and What it Means to You
- Reply-To: TDARCOS@MCIMAIL.COM
- Message-ID: <telecom12.927.3@eecs.nwu.edu>
- Organization: TELECOM Digest
- Sender: Telecom@eecs.nwu.edu
- Approved: Telecom@eecs.nwu.edu
- X-Submissions-To: telecom@eecs.nwu.edu
- X-Administrivia-To: telecom-request@eecs.nwu.edu
- X-Telecom-Digest: Volume 12, Issue 927, Message 3 of 14
- Lines: 38
-
- When some person or organization creates a word or phrase which they
- use to identify their product or service, the U.S. Federal Government
- will allow them generally to register that word or phrase if it is
- used in interstate commerce.
-
- As technology changes, so do ways of doing things. The U.S. Patent
- and Trademark office, for decades, has allowed those whose identifier
- for a service which consists only of a {sound} to register it as a
- mark. Some famous registered sounds include a "roar of a lion" for
- motion pictures, and the notes "g","e", and "c" struck on a xylophone
- as a mark for radio broadcasts. There are a few others.
-
- And you can add another one: a "glissando" series of notes followed by
- the spoken "AT&T" as a mark for telephone service.
-
- For those interested in specifically using AT&T, {this} is the sound
- to listen for. Some places, I have read in this forum, pull all sorts
- of stunts to hide that they are an alternate operator company.
-
- There is a specific advantage. This sound is federally registered.
- If someone else "fakes" this sound, that constitutes servicemark
- infringement against AT&T, but more importantly, it constitutes {wire
- fraud} against someone who uses that system being deceived into
- thinking they are using some other company than the actual provider.
- As a result of this fraud, the customer could have the charge for the
- call removed, or even sue them not only for the cost of the call, but
- for punitive damages.
-
- If you think this is overreacting, consider how these trademark owners
- would react if a store chain took its own cola product and packed it
- in cans marked "Coca-Cola" or "Pepsi".
-
-
- Paul Robinson -- TDARCOS@MCIMAIL.COM
- These (uninformed) opinions are mine alone; no one
- else is (stupid enough to be) responsible for them.
-
-