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From: hollaar%basset.utah.edu@cs.utah.edu (Lee Hollaar)
Subject: Re: Are you sure UNIX is a trade mark?
Date: 11 Sep 92 13:24:56 MDT
Message-ID: <1992Sep11.132456.1985@hellgate.utah.edu>
Summary: The "Anti-Monopoly" case is bad law
Organization: University of Utah CS Dept
References: <KANDALL.92Sep9170758@globalize.nsg.sgi.com> <farrow.716074432@fido.Colorado.EDU> <18ns8rINNd81@agate.berkeley.edu> <1992Sep11.084516.16908@infodev.cam.ac.uk> <BuF6nF.6nG@news.cso.uiuc.edu>
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In article <BuF6nF.6nG@news.cso.uiuc.edu> acheng@ncsa.uiuc.edu (Albert Cheng) writes:
>I don't think commercial use matters.  Parker Brothers (I think) used
>to have "Monopoly" as a registered trademark until a few years.  The
>court ruled the word Monopoly is in such common use that it could no
>longer be a trademark.

In Anti-Monopoly, Inc. v. General Mills Fun Group (the owner of Parker Bros.),
684 F.2d 1316, 216 U.S.P.Q. 588, (Ninth Circuit, 1982), the court held that
"Monopoly" had become generic because it had become associated with a product
and not the source of that product.  (65% of people surveyed wanted a Monopoly
game because they wanted to play the game with Boardwalk and hotels, while
32% wanted to play a Parker Bros. game.)

Congress acted almost made changes to the Lanham Act (the trademark law) to
reverse the holding in the Anti-Monopoly case (Trademark Clarification Act of
1984, P.L. 98-620).  So the Anti-Monopoly decision is now "bad law" and not
relevant to much of anything.