Wednesday, December 22, 2010

Invention sale date at issue in game show Million Dollar Money Drop

from tv yahoo about an event related to "inventions" on Million Dollar Money Drop:

In the "Drop" premiere episode Monday night, contestants Gabe Okoye and Brittany May decided to try their luck in the category "Inventions." Host Kevin Pollak asked them which product was first sold: the Macintosh computer, the Sony Walkman, or 3M's Post-It Notes. Okoye was confident that the answer was Post-Its. But was it?

The accepted correct answer was the Walkman (1979) beating out Post-it (1980).

But see text within the Financial Times post

http://www.ft.com/cms/s/2/f08e8a9a-fcd7-11df-ae2d-00144feab49a.html#axzz18hyDnyKX

which suggests a "first sale" date of a Post-It prior to 1980. [The question did not say "where" the first sale occurred or whether the product had to be on-sale globally, nationally, or in some geographic region.] The yahoo story noted: An unnamed rep for Fox says that producers contacted 3M to fact-check the question, and were told that Post-Its date from 1980, when they were first sold nationally.

Furthermore, for "use in commerce," trademarks can be helpful. Information provided to the United States Patent and Trademark Office [USPTO] by 3M indicates that the name "Post-It" was first used in commerce on September 25, 1974 (for both one and two-sided adhesive post-its.) From the USPTO:

#1. First use in commerce of "Post-it" stated to be 25 Sept 1974 (two-sided adhesive)

Word Mark POST-IT
Goods and Services IC 016. US 037. G & S: PAPER AND CARDBOARD SHEET MATERIAL HAVING ADHESIVE COATING ON BOTH SIDES THEREOF FOR ATTACHMENT TO WALLS OR OTHER VERTICAL SURFACES TO HOLD DISPLAYS OR OTHER MESSAGES IN PLACE. FIRST USE: 19740925. FIRST USE IN COMMERCE: 19740925
Mark Drawing Code (1) TYPED DRAWING
Serial Number 73072879
Filing Date December 29, 1975
Current Filing Basis 1A
Original Filing Basis 1A
Registration Number 1046353
Registration Date August 17, 1976



#2. First use in commerce of "Post-it" stated to be 25 Sept 1974. (single-sided adhesive)

Word Mark POST-IT
Goods and Services IC 016. US 037. G & S: Stationery Notes Containing Adhesive on One Side for Attachment to Surfaces. FIRST USE: 19740925. FIRST USE IN COMMERCE: 19740925
Mark Drawing Code (1) TYPED DRAWING
Serial Number 73300787
Filing Date March 12, 1981
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition March 30, 1982
Registration Number 1198694
Registration Date June 22, 1982
Owner (REGISTRANT) Minnesota Mining and Manufacturing Company CORPORATION DELAWARE 3M Center St. Paul MINNESOTA 55144

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