Battles over knowledge, authority, and power are often fought when two different fields address the same issues. This book takes an important step towards showing how quite different fields, law and linguistics, can work together effectively in trademark cases. After presenting the basics of each field, readers are shown how linguistics was used in ten trademark lawsuits, five of which had opposing linguists on each side. Finally, helpful suggestions are given to both linguists and lawyers.
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: uality Inns c. McDonalds - Sounding, Looking, and
Meaning Different: AMR Pharm v. American Home Products - Differences in the
Ingredients, ualities 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
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.