Corian trade mark ?????

[znachman]

Is it legal to use the Name CORIAN without the trade mark R on the Net??
I have just a purchase of about 12 items-Pens and Ladies Bangles,from my ETSY shop on the net,from a ladie from Canada that ask me to SHIP it to the ADDRESS of DU PONT CANADA ?????
Some thing smelly???
This is how it is writen on the net...." Bracelet Bangle women white Ladies Jewelry Gift Acrylic Corian Wedding anniversary Handcrafted mother day ".
I am afraid of some kind of Legal claim !!!
Thank you for your Help.

 

[Edgar]

Personally, I wouldn't be concerned about it. Corian is building material & you built something from it. They might want to show off something other than counter tops. They could possibly be checking to make sure that you are actually using Corian, as you claim.

As far as the R is concerned, they might ask you to use it, but I certainly wouldn't expect legal action as a first step. Just check out the Home Depot web site - they reference Corian many times & I couldn't find a single R Mark.

I'm not a lawyer, so my opinions are worth exactly what you paid for them.

 

[chartle]

I'm a tad confused I think what you are saying is that someone from DuPont in Canada is purchasing from you some items you made from Corian.

If thats the case I'm assuming its from someone from DuPont that either works with Corian and wants something made from the product they produce or its a gift for someone who works with Corian.

I don't think there is anything really fishy here like "its a trap". Just someone who admires your work.

Oh and if they were just checking to see if you are using real Corian I doubt they would buy 12 of something. I would expect them to buy one of each item you make with the material.

 

[JimB]

I agree with Cliff. I think it is just a sale. If they wanted to take legal action they would do it based on you using their name improperly. They wouldn't need to buy the pens.

 

[Akula]

"In my shop you will find Jewelry, writing instruments, Arts, mainly from Polymer clay Corian, Wood, acrylic and more. "

Maybe they want to know what Polymer clay Corian is? LOL

 

[Smitty37]

They don't need to make a purchase to make you stop using the name without acknowledging it. Corian is a brand name owned by E.I. DuPont company their patent has expired and the same material is now available from other manufactures it is usually referred to as hard surface. I doubt that DuPont minds if you use their brand name - free advertising for them.

 

[chartle]

I doubt that DuPont minds if you use their brand name - free advertising for them.

But they may if you say it's Corian and it isn't.

 

[southernclay]

On Etsy alone there are several hundred results when you type in corian, I see very few using the TM symbol. Legal? Not sure but if they are ordering multiple items from each person it's going to get expensive and not sure why they would start in Isreal vs Canada or the US market. If it was me I would send a very nice a polite message thanking her for the order and seeing if the order is for a gift or gifts and if any special packaging or gift wrapping would be needed? May be a chance to upsell :biggrin:

I hope it is very legit and if so congrats on a great order!

 

[TellicoTurning]

I think Corian has become a generic name for the type of product, much like Kleenex for facial tissue, or Xerox for copying, etc... probably nothing to worry about.

 

[znachman]

Thank you all very much !

 

[Smitty37]

I doubt that DuPont minds if you use their brand name - free advertising for them.

But they may if you say it's Corian and it isn't.

I doubt it, particularily if it is showing a new use for Hard Surface. When people are ordering anything that is Hard Surface DuPont wants them to think Corian.

 

[Smitty37]

I think Corian has become a generic name for the type of product, much like Kleenex for facial tissue, or Xerox for copying, etc... probably nothing to worry about.

You will find most non-Kleenex brands referred to as "facial tissue" by the manufacturer just as you will not find any other manufacturer of "hard surface" calling their product Corian. DuPont would object to that but not to consumers asking for Corian whenever they want a countertop made from that material.

I remember well people (even IBM employees saying they were getting a Xerox copy when they were going to the IBM copier. But you never heard an IBM sales rep say Xerox referring to our copiers.

 

[ed4copies]

Gee, IBM had copier reps!?!?!?!? Who knew???:biggrin::biggrin::biggrin:

 

[Smitty37]

Gee, IBM had copier reps!?!?!?!? Who knew???:biggrin::biggrin::biggrin:

Yea, we even had the IBM Copier III (internally referred to as El Bombo Grande). IBM Copier and IBM Copier II were good machines and we sold a lot of them. But they brought back memories of when people looking at IBM computers would ask "How much do you charge for your Univac" ditto the Copier we'd be asked about our "Xerox" machines.

 

[TellicoTurning]

I think Corian has become a generic name for the type of product, much like Kleenex for facial tissue, or Xerox for copying, etc... probably nothing to worry about.

You will find most non-Kleenex brands referred to as "facial tissue" by the manufacturer just as you will not find any other manufacturer of "hard surface" calling their product Corian. DuPont would object to that but not to consumers asking for Corian whenever they want a countertop made from that material.

I remember well people (even IBM employees saying they were getting a Xerox copy when they were going to the IBM copier. But you never heard an IBM sales rep say Xerox referring to our copiers.

You're right that manufacturers will make sure to use a name that will differentiate their own product, sales representatives will try to ensure that their products distinctive, but as a rule, the general public will call them a "Kleenix", a photo copy a "Xerox copy", a soft drink is referred to as a "coke", a similar hard surface material may be referred to as "Corian", I've even heard people refer to computers as "IBMs" without regard to who the actual manufacturer is. When certain product names become associated the type of product or maybe the developers of a particular product, the products themselves become generic names for all of the products in that category. I'm sure that "Pepsi Cola" doesn't like the fact that in some instances their product is referred to as "Coke".

Wasn't it Shakespeare that said "A rose by any other name is still a rose."

 

[Penultimate]

Greetings
http://team.4willis.com/corian/faq/trademark_guidelines.pdf

A quick search turned up this document. I did not check out the website. The instructions are correct though for properly using the registered trademark Corian(R). Technically, you should acknowledge the TM ownership on your page and use at least one (R) per page. .

If they were concerned about how you were using their TM they would contact you with their rules of use or a cease and desist order. It is hard for a company to protect their mark from genericide. It takes a lot of persistence by the brand or legal department to police all incorrect uses of a TM. Also, they are probably more concerned with companies using Corian as a generic term when selling hard surface materials.

 

[Smitty37]

I think Corian has become a generic name for the type of product, much like Kleenex for facial tissue, or Xerox for copying, etc... probably nothing to worry about.

You will find most non-Kleenex brands referred to as "facial tissue" by the manufacturer just as you will not find any other manufacturer of "hard surface" calling their product Corian. DuPont would object to that but not to consumers asking for Corian whenever they want a countertop made from that material.

I remember well people (even IBM employees saying they were getting a Xerox copy when they were going to the IBM copier. But you never heard an IBM sales rep say Xerox referring to our copiers.

You're right that manufacturers will make sure to use a name that will differentiate their own product, sales representatives will try to ensure that their products distinctive, but as a rule, the general public will call them a "Kleenix", a photo copy a "Xerox copy", a soft drink is referred to as a "coke", a similar hard surface material may be referred to as "Corian", I've even heard people refer to computers as "IBMs" without regard to who the actual manufacturer is. When certain product names become associated the type of product or maybe the developers of a particular product, the products themselves become generic names for all of the products in that category. I'm sure that "Pepsi Cola" doesn't like the fact that in some instances their product is referred to as "Coke".

Wasn't it Shakespeare that said "A rose by any other name is still a rose."

Actually no --- in the play Romeo and Juliet the actual line is What's in a name? That which we call a rose, By any other name would smell as sweet;

The Coke/Pepsi controversy came about only because many fast-food places carried only one brand of cola and both Pepsi and Coca Cola demanded (and perhaps the federal government also) that customers asking for their product had to be informed before being served the other. In my youth there was no confusion since most places carried both in bottles and fountains were always Coke as were mixers in bars.

You are right about the general consumers using Kleenex as a generic term but if you go to a store and ask for Kleenex --- that's what you will get.

Referring to personal computers as IBM came about when Apple came out with the Mac. When IBM entered the personal computer market they made all of the interface specs available to anyone who wanted them and the IBM PC quickly became the industry standard and most manufacturers were selling IBM compatible computers often referred to as "IBM klones" which actually meant that functions provided by OEM manufacturers would work on computers by any manufacturer...the name has stuck and is still often used to refer systems using Windows.

 

[Smitty37]

Greetings
http://team.4willis.com/corian/faq/trademark_guidelines.pdf

A quick search turned up this document. I did not check out the website. The instructions are correct though for properly using the registered trademark Corian(R). Technically, you should acknowledge the TM ownership on your page and use at least one (R) per page. .

If they were concerned about how you were using their TM they would contact you with their rules of use or a cease and desist order. It is hard for a company to protect their mark from genericide. It takes a lot of persistence by the brand or legal department to police all incorrect uses of a TM. Also, they are probably more concerned with companies using Corian as a generic term when selling hard surface materials.

Whether they can enforce their trade mark rights against people selling products made of Corian is questionable because so many places ignore adding the (R) in their advertising. What would be their incentive for doing so? Businesses rarely sue their customers for such violations. I'm sure they will enforce their rights if another company starts selling Hard Surface and calling it Corian.

 

[TellicoTurning]

I think Corian has become a generic name for the type of product, much like Kleenex for facial tissue, or Xerox for copying, etc... probably nothing to worry about.

You will find most non-Kleenex brands referred to as "facial tissue" by the manufacturer just as you will not find any other manufacturer of "hard surface" calling their product Corian. DuPont would object to that but not to consumers asking for Corian whenever they want a countertop made from that material.

I remember well people (even IBM employees saying they were getting a Xerox copy when they were going to the IBM copier. But you never heard an IBM sales rep say Xerox referring to our copiers.

You're right that manufacturers will make sure to use a name that will differentiate their own product, sales representatives will try to ensure that their products distinctive, but as a rule, the general public will call them a "Kleenix", a photo copy a "Xerox copy", a soft drink is referred to as a "coke", a similar hard surface material may be referred to as "Corian", I've even heard people refer to computers as "IBMs" without regard to who the actual manufacturer is. When certain product names become associated the type of product or maybe the developers of a particular product, the products themselves become generic names for all of the products in that category. I'm sure that "Pepsi Cola" doesn't like the fact that in some instances their product is referred to as "Coke".

Wasn't it Shakespeare that said "A rose by any other name is still a rose."

Actually no --- in the play Romeo and Juliet the actual line is What's in a name? That which we call a rose, By any other name would smell as sweet;


Referring to personal computers as IBM came about when Apple came out with the Mac. When IBM entered the personal computer market they made all of the interface specs available to anyone who wanted them and the IBM PC quickly became the industry standard and most manufacturers were selling IBM compatible computers often referred to as "IBM klones" which actually meant that functions provided by OEM manufacturers would work on computers by any manufacturer...the name has stuck and is still often used to refer systems using Windows.

I know you are an ex-IBM'er and there may or may not be truth to this story, but back in the late '70's when the PC was just developing, I was the international shipping manager for a forwarding company in the Bay Area... I met a client called 2PI that was just starting up... they were affiliated with a company in Australia as their financial backers... one of the managers there told me they the founders of the company were ex-IBM engineers that had developed the desk top computer... but IBM wasn't interested because upper management didn't think the PC would take off... I don't know what happened to the company, I left the forwarding company a few weeks later to become traffic manager for a telephone systems manufacturing company up in Marin county of the Bay Area.

 

[Penultimate]

Whether they can enforce their trade mark rights against people selling products made of Corian is questionable because so many places ignore adding the (R) in their advertising. What would be their incentive for doing so? Businesses rarely sue their customers for such violations. I'm sure they will enforce their rights if another company starts selling Hard Surface and calling it Corian.

Companies usually won't litigate against a company selling a trademarked product but using the trademark improperly. Its too expensive, and easilyncorrected by changing literature and website content I am surprised at how many of our customers use tour rademarks incorrectly. The company I work for must police those customers and advise if they are using the marks incorrectly.

If a company uses a registered trademark as a generic term to sell or promote a different product the the owners of the mark should defend its rights. For example, if you sold non-Kleenex brand facial tissue in your store and labeled it "kleenex" the mark owner should contact you to have it corrected. You may think the term in generic and could do several things, remove the word from your site, buy the branded product instead of the non branded product or threaten to have the mark made generic. If you choose the third then you file suit that the term is generic. It doesn't matter if you think it is generic it is up to the court and the mark owner must show they are defending against genericide. My company just went thru this against another company that was using one of our marks as generic. We vigorously defend our marks against large and small companies misusing our mark.

 

[Smitty37]

Whether they can enforce their trade mark rights against people selling products made of Corian is questionable because so many places ignore adding the (R) in their advertising. What would be their incentive for doing so? Businesses rarely sue their customers for such violations. I'm sure they will enforce their rights if another company starts selling Hard Surface and calling it Corian.

Companies usually won't litigate against a company selling a trademarked product but using the trademark improperly. Its too expensive, and easilyncorrected by changing literature and website content I am surprised at how many of our customers use tour rademarks incorrectly. The company I work for must police those customers and advise if they are using the marks incorrectly.

If a company uses a registered trademark as a generic term to sell or promote a different product the the owners of the mark should defend its rights. For example, if you sold non-Kleenex brand facial tissue in your store and labeled it "kleenex" the mark owner should contact you to have it corrected. You may think the term in generic and could do several things, remove the word from your site, buy the branded product instead of the non branded product or threaten to have the mark made generic. If you choose the third then you file suit that the term is generic. It doesn't matter if you think it is generic it is up to the court and the mark owner must show they are defending against genericide. My company just went thru this against another company that was using one of our marks as generic. We vigorously defend our marks against large and small companies misusing our mark.

I don't think we really have any disagreement.

 

[Smitty37]

quote=TellicoTurning;1824519]

I think Corian has become a generic name for the type of product, much like Kleenex for facial tissue, or Xerox for copying, etc... probably nothing to worry about.

You will find most non-Kleenex brands referred to as "facial tissue" by the manufacturer just as you will not find any other manufacturer of "hard surface" calling their product Corian. DuPont would object to that but not to consumers asking for Corian whenever they want a countertop made from that material.

I remember well people (even IBM employees saying they were getting a Xerox copy when they were going to the IBM copier. But you never heard an IBM sales rep say Xerox referring to our copiers.

You're right that manufacturers will make sure to use a name that will differentiate their own product, sales representatives will try to ensure that their products distinctive, but as a rule, the general public will call them a "Kleenix", a photo copy a "Xerox copy", a soft drink is referred to as a "coke", a similar hard surface material may be referred to as "Corian", I've even heard people refer to computers as "IBMs" without regard to who the actual manufacturer is. When certain product names become associated the type of product or maybe the developers of a particular product, the products themselves become generic names for all of the products in that category. I'm sure that "Pepsi Cola" doesn't like the fact that in some instances their product is referred to as "Coke".

Wasn't it Shakespeare that said "A rose by any other name is still a rose."

Actually no --- in the play Romeo and Juliet the actual line is What's in a name? That which we call a rose, By any other name would smell as sweet;


Referring to personal computers as IBM came about when Apple came out with the Mac. When IBM entered the personal computer market they made all of the interface specs available to anyone who wanted them and the IBM PC quickly became the industry standard and most manufacturers were selling IBM compatible computers often referred to as "IBM klones" which actually meant that functions provided by OEM manufacturers would work on computers by any manufacturer...the name has stuck and is still often used to refer systems using Windows.

I know you are an ex-IBM'er and there may or may not be truth to this story, but back in the late '70's when the PC was just developing, I was the international shipping manager for a forwarding company in the Bay Area... I met a client called 2PI that was just starting up... they were affiliated with a company in Australia as their financial backers... one of the managers there told me they the founders of the company were ex-IBM engineers that had developed the desk top computer... but IBM wasn't interested because upper management didn't think the PC would take off... I don't know what happened to the company, I left the forwarding company a few weeks later to become traffic manager for a telephone systems manufacturing company up in Marin county of the Bay Area.[/quote]

Drawing on its pioneering SCAMP (Special Computer, APL Machine Portable) prototype of 1973, IBM's General Systems Division announced the IBM 5100 Portable Computer in September 1975. Weighing approximately 50 pounds, the 5100 desktop computer was followed by similar small computers such as the IBM 5110 and 5120.

So in the late 1970s it would have been inaccurate to say that IBM was not interested in desktop computers.

IBM's own Personal Computer (IBM 5150 note the model #) was introduced in August 1981, one year after it was authorized by corporate. So if they were referring to PC they would have had to have done the development on their own time using their own resources AND because of employment contracts they would not have been able to sell the design to another company or manufacture it themselves while remaining IBM employment nor would they have been able to manufacture it without IBMs permission after leaving IBM/.

All that being said -- there were over the years any number of IBM employees who left IBM to form their own companies. Often with ideas developed while they worked for IBM, often the ideas were for products that IBM did not want.

I personally worked with three programmers who left IBM (two working together and one working alone) and formed their own companies one of which was eventually listed on NSDAQ. So it is not inconceivable that such a company as you mention existed.

 

[magier412]

I think that you may be worrying about nothing...in addition to what everyone is saying, the DuPont Corporation is headquartered in Wilmington Delaware. It's probably just a coincidence that your customer is in a town called DuPont.

 

[Smitty37]

I think that you may be worrying about nothing...in addition to what everyone is saying, the DuPont Corporation is headquartered in Wilmington Delaware. It's probably just a coincidence that your customer is in a town called DuPont.

DuPont Canada is part of the DuPont Corporation with facilities located several places in Canada.