(206) 949-5683, Top Rated Plumber, Seattle
Page 2 of 3 FirstFirst 123 LastLast
Results 16 to 30 of 34

Thread: ROMEX®/cable color changes

  1. #16
    Nuclear Engineer nukeman's Avatar
    Join Date
    Nov 2009
    Location
    VA
    Posts
    696

    Default

    Exactly, Jim. When you own a trademark, you need to make a reasonable attempt to defend it. It isn't possible to catch all uses of the name without the R or TM, but the company needs to show that they try to defend the ones that they find. If they lost the trademark, myself or anyone else, could make wire and slap the ROMEX name on it. Southwire obviously does not want that, so they protect the trademark.

  2. #17
    DIY Senior Member Chad Schloss's Avatar
    Join Date
    Jun 2010
    Location
    USA
    Posts
    327

    Default

    They own the trademark, PERIOD. OTHER COMPANIES WHO USE THE TRADEMARK ARE WRONG. Use of the Trademarked name, on a public DIY Forum, should only help sales, not hurt it. If I hear the name ROMEX®, guess where I shop? Big Orange Home Depot, who just so happens to carry ROMEX® branded products.. they benefit from people talking about their product.

  3. #18
    Jack of all trades DonL's Avatar
    Join Date
    Mar 2011
    Location
    Houston, TX
    Posts
    3,661

    Default

    Quote Originally Posted by Chad Schloss View Post
    They own the trademark, PERIOD. OTHER COMPANIES WHO USE THE TRADEMARK ARE WRONG. Use of the Trademarked name, on a public DIY Forum, should only help sales, not hurt it. If I hear the name ROMEX®, guess where I shop? Big Orange Home Depot, who just so happens to carry ROMEX® branded products.. they benefit from people talking about their product.
    That is so correct.

    Putting the ® does not protect them from other company's using the name.

    If they really own that trademark, They have rights to sue if someone does use it.

    Reserved and Copyrighted and Trademark are also different, but if you own it , You own it.

    I have a feeling that they lost the Copyright and did not pay the bill to keep the trademark.

    It cost money to keep the name Reserved, Maybe they did not pay up.

    Company's are looking at ways to stay afloat.


    Don't you love them Lawyers.
    Theory only works perfect in a vacuum.

    Cyber Security Protection for Windows C:\ > WWW.WinForce.Net

  4. #19
    Retired Defense Industry Engineer jadnashua's Avatar
    Join Date
    Sep 2004
    Location
    New England
    Posts
    21,434

    Default

    The only way you can retain your trademark is to take reasonable effort to defend it's proper use...if you don't, then a legal opening is to declare it a generic, non-trademark. It has nothing to do with paying money...once a trademark is yours, it is yours until you relinquish it, or let it fall into public use through neglect or non-use.
    Jim DeBruycker
    Important note - I'm not a pro
    Retired Defense Industry Engineer; Schluter 2.5-day Workshop Completed 2013, 2014

  5. #20
    DIY Senior Member Chad Schloss's Avatar
    Join Date
    Jun 2010
    Location
    USA
    Posts
    327

    Default

    in generalized speaking terms such as this forum, you have no right to tell me how I am supposed to speak and refer to your products. if i were to say, "please hand me a kleenex to wipe off the glass on the xerox" i can without infringing on their trademark. this is not a business, not a money making venture. no ground to stand on. period. romex has been a common name for YEARS for common people to talk about nm-b wire. it is not hurting them at all with us talking about them. If I were to start a business and manufacture wire, and call my product roxex-like or something, then there would be an issue.

  6. #21
    DIY Senior Member Chad Schloss's Avatar
    Join Date
    Jun 2010
    Location
    USA
    Posts
    327

    Default

    "Wrongful or groundless threats of infringement

    Various jurisdictions have laws which are designed to prevent trademark owners from making wrongful threats of trademark infringement action against other parties. These laws are intended to prevent large or powerful companies from intimidating or harassing smaller companies.

    Where one party makes a threat to sue another for trademark infringement, but does not have a genuine basis or intention to carry out that threat, or does not carry out the threat at all within a certain period, the threat may itself become a basis for legal action.[18] In this situation, the party receiving such a threat may seek from the Court a declaratory judgment; also known as a declaratory ruling."

  7. #22
    DIY Member kevink1955's Avatar
    Join Date
    Nov 2011
    Location
    L.I. New York
    Posts
    31

    Default

    I think I will stop buying the R product, may have to drive my FORD a little further to get the competors product, on the way back I am going to stop for a SABRETT and a COKE.

    You woud think they would be happy having the brand name used freely as long as we are not trying to manfactuer the stuff

  8. #23
    Licensed Electrical Contractor Speedy Petey's Avatar
    Join Date
    Jun 2007
    Location
    NY State, USA
    Posts
    976

    Default

    Quote Originally Posted by kevink1955 View Post
    I think I will stop buying the R product, may have to drive my FORD a little further to get the competors product, on the way back I am going to stop for a SABRETT and a COKE.

    You woud think they would be happy having the brand name used freely as long as we are not trying to manfactuer the stuff
    I FULLY agree!

    This is not the first forum I am hearing this on and I think it's absurd. They are NOT defending it's proper use at all with this request. It's a joke.
    I say we ignore ROMEX here, AND on the shelves. Luckily I don't shop for wire at HD very often.

  9. #24
    DIY Member kevink1955's Avatar
    Join Date
    Nov 2011
    Location
    L.I. New York
    Posts
    31

    Default

    How come Beverly did not use the tm symbol in her E-Mail to Terry, sure wish she included her E-Mail address so we could all tell her how we feel.

    How do you even do the R with the circle, I have been in IT for 20 years and I do not know the key combo to do it

  10. #25
    DIY Senior Member Chad Schloss's Avatar
    Join Date
    Jun 2010
    Location
    USA
    Posts
    327

    Default

    while holding down the "Alt" key, type 0174 with the numlock key on and using the numeric keypad. (not the numbers above the letters)
    © = alt 0169

    ® = Alt 0174

  11. #26
    DIY Member kevink1955's Avatar
    Join Date
    Nov 2011
    Location
    L.I. New York
    Posts
    31

    Default

    Beverly, in my first few years on the job when I had nothing else to do I would grab a paint brush and paint parking lot bumpers and bollards but that was before internet (tm) searches and E-Mail. You could always water the flowers in the big corprate lobby unless they are plastic(tm)

  12. #27
    DIY Junior Member gcronau's Avatar
    Join Date
    Jul 2013
    Location
    Pittsburgh, PA
    Posts
    3

    Default

    Quote Originally Posted by jadnashua View Post
    If you don't defend the use of your trademark, it can go into the public domain, and anyone can use it. They, and many others, spend a huge amount of money developing and perfecting something, and often, being the first, people take the name as a generic. Consider tissue verses K...., or cellophane tape verses S....., or copy verses X..... If you owned those brands, wouldn't you want people to actually refer to YOUR product when people were thinking generic, or made in China knockoff? The impact is real, it is tangible, and legally, it is required, or you can lose it to generic status.
    I would have thought "Romex" would have long ago passed into the public domain. The term has been around for at least 80 years. I, and most of the people I know, use the term Romex. I almost never use the term NMB unless I'm trying to distinguish it from UFB. I think the ship may have sailed on that one. Besides, I doubt Southwest wire spent much money developing the brand at all, as it was orriginally created by the Rome Wire company, or something like that.

  13. #28
    DIY Junior Member gcronau's Avatar
    Join Date
    Jul 2013
    Location
    Pittsburgh, PA
    Posts
    3

    Default

    Another funny thing about this letter is that, if you read it carefully, it boils down to:

    "We're giving you a very stern warning, and if you don't comply, we're going to come back in 10 days and give you another really stern warning."

    And this time we'll mean it! <lol>

  14. #29
    DIY Senior Member Murphy625's Avatar
    Join Date
    Jul 2013
    Location
    Michigan
    Posts
    147

    Default

    That letter is such a joke I have to wonder if its even real. What retarded corporate legal clerk would bother to mess with a forum of DIY folks like this?

    Call the number and see if this chick is real or if someone is screwing with you.. Talk to her boss if she is real and to verify the letter did in fact come from her.

    I'm pretty sure trademark enforcement is only valid in defense of product recognition when it comes to OTHER products or advertising. I do not think legit enforcement can apply to conversations.. (verbal or written)

    If you were selling some wire on **** or in your own store and advertising it as Romex when it was made by another company, that would be enforceable. But to tell someone on a forum to go buy some Romex, or make sure you don't put a nail through that wall because there might be some romex behind there, is not enforceable by any standard I am aware of.

    Any real law clerk would probably know that. As someone who owns half a dozen registered copyrights myself, I have an idea of how this stuff works.. (sort of an idea anyhow).. I'm no expert on the subject but if trademarks were enforceable in that way, Coke and Xerox would have a field day.

    Also, the comment about reasonable trademark enforcement practices is totally wrong as I understand it. A trademark owner can certainly pick and choose who and where and how their trademark can be used.

  15. #30
    Jack of all trades DonL's Avatar
    Join Date
    Mar 2011
    Location
    Houston, TX
    Posts
    3,661

    Default

    Quote Originally Posted by Murphy625 View Post
    That letter is such a joke I have to wonder if its even real. What retarded corporate legal clerk would bother to mess with a forum of DIY folks like this?

    Call the number and see if this chick is real or if someone is screwing with you.. Talk to her boss if she is real and to verify the letter did in fact come from her.

    I'm pretty sure trademark enforcement is only valid in defense of product recognition when it comes to OTHER products or advertising. I do not think legit enforcement can apply to conversations.. (verbal or written)

    If you were selling some wire on **** or in your own store and advertising it as Romex when it was made by another company, that would be enforceable. But to tell someone on a forum to go buy some Romex, or make sure you don't put a nail through that wall because there might be some romex behind there, is not enforceable by any standard I am aware of.

    Any real law clerk would probably know that. As someone who owns half a dozen registered copyrights myself, I have an idea of how this stuff works.. (sort of an idea anyhow).. I'm no expert on the subject but if trademarks were enforceable in that way, Coke and Xerox would have a field day.

    Also, the comment about reasonable trademark enforcement practices is totally wrong as I understand it. A trademark owner can certainly pick and choose who and where and how their trademark can be used.

    I agree with what you are saying.

    It is Terry's Forum and if he sees it needed, then so be it. He be the Man.


    Most Manufactures like it when you use their Trademark name, as long as you are not selling a knockoff.
    Theory only works perfect in a vacuum.

    Cyber Security Protection for Windows C:\ > WWW.WinForce.Net

Similar Threads

  1. Color Match
    By Christi in forum Toilet Forum discussions
    Replies: 0
    Last Post: 05-16-2011, 09:21 AM
  2. What color is your toilet?
    By jimbo in forum Toilet Forum discussions
    Replies: 5
    Last Post: 09-04-2010, 04:19 PM
  3. Cable Drain (long cable needed)
    By dick2222 in forum Plumbing Forum, Professional & DIY Advice, Tips & Tricks
    Replies: 2
    Last Post: 06-11-2009, 07:03 PM
  4. color question
    By wojtoj in forum Toilet Forum discussions
    Replies: 1
    Last Post: 01-24-2009, 08:00 PM
  5. Color match Toto toilet to Crane Sink Color
    By jechow in forum Toilet Forum discussions
    Replies: 4
    Last Post: 06-07-2008, 10:11 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •