Linguistic Battles in Trademark Disputes

ROGER SHUY is Distinguished Research Professor of Linguistics Emeritus, at Georgetown University. He created the sociolinguistics programme at Georgetown, heading it for thirty years. After working in the applications of linguistics to literacy, medical communication and classroom language, he turned to the legal arena where he has consulted with attorneys, testified at trial fifty times, consulted with the US Department of Justice and has trained personnel in several federal agencies.

Foreword The Battle over Linguists and Law A Very Brief Introduction to Linguistics for Lawyers Generic vs. Secondary Meaning: Registry Hotel v. Hospitality Mgt. Teaching a Jury About Meaning: Warren v. Prestone Sounding Alike and Meaning Alike: ConAgra v. Hormell Descriptiveness: Nouns and Modifiers: Woodroast v. Restaurants Unlimited The Meaning of a Patronymic Prefix: Quality Inns c. McDonalds Sounding, Looking, and Meaning Different: AMR Pharm v. American Home Products Differences in the Ingredients, Qualities and Characteristics of the Products: Pyewacket v. Mattel Going Beyond Competing, Company and Product Names: AutoNation USA v. CarMax Using Foreign Language Words in Trademarks: Alixandre Furs v. Alexandros Furs Disclaiming Dealership Authorization: Matrix Essentials v. F & M. Distributors Using Linguistics Tools and Thinking in Trademark Disputes Some Suggestions for Linguists Some Suggestions for Attorneys Power, Control, and the Ownership of Language References Cases Discussed