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NewsFactor: In Defense of the Linux Trademark

Sep 23, 2005, 02:30 (3 Talkback[s])
(Other stories by Philip H. Albert)

"Intellectual property can give lawyers a headache. When it does, most of us are conditioned to ask the druggist for Aspirin, not the medical term for the active ingredient, 'acetylsalicylic acid.'

"At one time, only Bayer could sell acetylsalicylic acid using the name Aspirin, and everyone knew the source of the product. But through lack of active enforcement of the trademark, it eventually fell into use as a generic moniker for the drug. In the 1920s, courts officially ruled that Aspirin was a generic name and that consumers did not associate the name with any particular producer..."

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