[SciPy-User] Matlab trademark - was: Re: SciPy-User Digest, Vol 82, Issue 49

David Goldsmith d.l.goldsmith@gmail....
Sat Jun 19 13:09:35 CDT 2010


On Sat, Jun 19, 2010 at 6:18 AM, Matthew Brett <matthew.brett@gmail.com>wrote:

> Hi,
>
> > I've pressed our lawyers to look for established cases and precedents
> > for use of undecorated trademarks in commentary and review, but for
> > the docs, which are part of our "product", I think the safe route is
> > to use MATLAB(R) as the Mathworks recommends.  Quite frankly, I think
> > doing so also makes us look more competent and serious to our own
> > users.
>
> As far as I can see, it doesn't make any legal difference to the use
> of the term, whether you attach (R) to MATLAB or not.
>
> It's difficult to see how a phrase such as 'MATLAB file format' could
> be anything but nominative use:
>
> http://en.wikipedia.org/wiki/Fair_use_%28U.S._trademark_law%29
> http://www.publaw.com/fairusetrade.html
>
> and therefore fair use.
>
> I guess that you mean that putting (R) next to MATLAB in every use
> will make the Mathworks feel better and therefore less likely to sue,
> but it seems vanishingly unlikely


I think you mean vanishingly likely (vanishingly unlikely would mean
approaching certainty).

DG
-- 
Mathematician: noun, someone who disavows certainty when their uncertainty
set is non-empty, even if that set has measure zero.

Hope: noun, that delusive spirit which escaped Pandora's jar and, with her
lies, prevents mankind from committing a general suicide.  (As interpreted
by Robert Graves)
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