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General counsel gone wild

Last year I blogged about companies that insist on putting trademark symbols whenever they name their products in prose, and some readers thought I was making a Mountain® out of a Molehill (TM).

Then today I stumbled, then bumbled, then fell headlong on this press release on BusinessWire:

"HaloSource(®), a global antimicrobial and clean technologies solutions company, has broadened the reach of its HaloShield(®) ingredient brand, with the introduction of Clorox(®) FreshCare(TM) Towels, now available in Wal-Mart stores nationwide.

"Clorox(®) FreshCare(TM) Towels, powered by HaloShield, are protected against the growth of odor-causing bacteria. HaloShield(®) is a patented coating that binds chlorine-based bleach to household textiles made of cotton. The HaloShield coating, combined with the power of Clorox(®) Regular-Bleach inhibits the growth of odor-causing bacteria on the towel or dishcloth. Antimicrobial protection of the towel is reactivated every time the product is washed with Clorox(®) Regular-Bleach and lasts the lifetime of the product.

“'With FreshCare(TM) Towels, you don’t need to worry about foul smelling dishcloths or hand towels,' says HaloSource CEO John Kaestle. 'We are excited to be able to bring this technology to market and offer a solution to this everyday problem.'"

Obviously those symbols aren't the only porcupine quills in that prose (what marble-mouthed marketer came up with calling HaloSource "a global antimicrobial and clean technologies solutions company"?), but they do their part to defend keep readers from approaching, do they not?

Comments (3)

This is one of my pet peeves too! Have they not learned that you only need to indicate the TM or R on the first mention? Then, presto, like a dog marking its territory, that first mention forever marks your precious name as a trademark!

Is that true, Sue! Can you find the citation, so we may use it to beat our friendly adversaries in legal into submission?

Craig Jolley:

In my digital archives (so memory serves me) I have an assessment our legal counsel rendered about 4 years ago at another company that said pretty much the same thing. If I can find it I'll post the information here, although it might take a few days to dig it out.

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This page contains a single entry from the blog posted on April 15, 2008 8:40 AM.

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