[Jewelry making - Article 01241] - Re: [Orchid] Gem Names

[Rick Martin]

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>     I'm not sure whether we should be alarmed, or just laugh ourselves
>     silly!  Maybe both.... :-)  "Seafoam green" is a term which has
>     been used for decades to describe a particular shade of Tourmaline.
>      That description is, by definition, a part of the public domain.
>     The fact that someone managed to trademark such a name demonstrates
>     profound ignorance on the part of the bureaucrats at the USPTO.

    That's exactly why I mentioned that particular name, Peter, and why
    I'm a little alarmed. Similar common gem names are being coopted by
    trademarks. I'm a whole lot more alarmed by the genetic issues you
    raise; I recall reading very interesting and horrifying science
    fiction speculations (written by patent lawyers) about that very
    thing years ago.  Now it's no longer science fiction and it takes a
    very brave and optimistic person to expect the courts to always act
    with common sense, at least in the short run. 

    I recall I once used the term "pancake makeup" in a news story
    instead of writing Pankcake(R). It took about 36 hours for me to
    receive a registered letter from the cosmetic company's lawyers
    demanding a correction and threatening legal action if I ever
    repeated the sin. My newspaper's legal department received an
    identical letter which resulted in a flurry of stern memos to the
    editorial staff.  The gem companies will have to be willing to spend
    the bucks to monitor usage that way, and fight violations in the
    courts.  That's why I think their trademarks will probably fail in
    the long run. Most gem companies simply don't have the financial
    muscle to do that. But many small gem-sellers will be intimidated
    simply on the basis of the horrifying expenses involved in defending
    against a potential lawsuit. 

    Rick Martin 
 

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