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Comment by acmiller

I'm not too keen on trademark law, but as I understand it the point to including an (R) symbol is to provide notice that a mark is registered with the USPTO.

Why does notice matter? It doesn't excuse infringement if the (R) is missing. However, if you infringe on a trademark, damages are due from the date that you know or should know that the mark is registered. So if you register a mark for your obscure brand of shoe trees or whatever, it makes sense to include the (R) wherever you can.

Now who doesn't have this problem? Apple, for one. Unless you've been living under a tree for 35 years, you know that if you sell computers with an Apple logo on the front, you're infringing on a famous registered trademark.

Yahoo also doesn't have this problem, so who knows why they felt they needed to include the (R). During the original dotcom bubble, some companies were notably overzealous about IP, so they may have gone all in at the time only to revisit it now.

parent acmiller 14 years ago

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