[V8] V8 Digest, Vol 67, Issue 9

[Shin Hoshikawa]

How did they register the mark?   That's because any wording, design, color,
shape, sound or smell (all collectively "mark") can be used as a trademark
(or service mark), and can be registered with the U.S. Trademark Office as
long as such mark has become distinctive of goods and/or services, and
functions as a source indicator for certain goods/services.

In this case, UNOBTAINIUM has become a source indicator for Oakley's "Nose
pieces, and ear stems for eyeglasses and sunglasses; Footwear; Jewelry and
time pieces, namely clocks, watches and components thereof."

Of course, someone else could own the same or similar marks for different
goods or services, as long as there is no consumer confusion or mistakes in
believing that different goods/services come from the same source.  For
example, Mattel owns UNOBTAINIUM 1 for toys and toy vehicles.  It appears
the U.S. Trademark Office believes that toy industry and sporting goods
industry are not the same.  I tend to agree.

pl510er (from Pacific Northwest)
1989 200 FWD - 256K and going strong
1989 200Q - 165K (currently down due to busted turbocharger)
1990 V8Q - 170K and going strong
1991 200Q20V (stock) - 111K and going strong
1991 200Q20V (Big Brakes + Stage III Chip) - 119K to maintain sanity
1995 S6 - 99K and standing by in case older siblings break down

Message: 8
Date: Wed, 13 May 2009 19:56:42 -0400
From: "32VQUATTRO" <ALLANVEGA at COMCAST.NET>
Subject: Re: [V8] We've been wrong this whole time....
To: "NIck Miller" <chance9121 at gmail.com>,	"V8List Fans"
	<v8 at audifans.com>
Message-ID: <B487399CB8E9411C9EC71424886FA1A8 at hmebebc9568109>
Content-Type: text/plain; format=flowed; charset="iso-8859-1";
	reply-type=original

How were they ever able to get a registered trademark? That word has been in
used forever by many. (though not a  real word till now)