Hello.
As my colleague Rainbow-ga suggests below, the backwards "R" in Toys
'R' Us stands for the word "are."
This is mentioned in several sources related to legal action Toys 'R'
Us has taken against other businesses that have attempted to use "R
Us" in their names.
From a letter from a Toys 'R' Us to the proprietor of a business
called ROADKILLS-R-US:
" Toys "R" Us, Inc. is engaged in the sale of a vast spectrum
of items under a family of trademarks and service marks, all of
which include the prominent and distinctive display of "R US".
The fact that there are no other "R US" or "ARE US" marks on the
Federal Register speaks for itself on the issue of Toys "R" Us,
success in thwarting infringements of its marks...
...
Under the general principles of trademark law, it makes no
difference whether an entity uses a forward "R", a backwards "R",
an "R" in quotes, an "R" without quotes, or "ARE", since all of
these designations are pronounced in the exact same manner and
thus would each be considered an infringement. "
source: Toys R Us letter on the web site of the Electronic Freedom Foundation:
http://www.eff.org/legal/cases/Toys_R_Us/tru_042495.letter
From a Canadian case in which Toys 'R' sued a company called NUTS 'R US :
"...the plaintiffs' trade-mark Toys "R" Us & Design possesses a strong
degree of inherent distinctiveness. Although the mark is somewhat
descriptive in that it is phonetically equivalent to the phrase "toys
are us", I believe that its distinctiveness lies in the fact that it
substitutes the word "are" with the letter "R". This is not proper
grammar, and it is a creative use of the alphabet to substitute words
in the English language."
http://decisions.fct-cf.gc.ca/fct/2003/2003fct283.html
Also see this description of the same case:
'The Court held that the plaintiffs' trade mark possesses a strong
degree of inherent distinctiveness due to the substitution of the word
"are" with the letter "R". "This is not proper grammar, and it is a
creative use of the alphabet to substitute words in the English
language."'
source: Bereskin & Parr Intellectual Property Law
http://www.bereskinparr.com/publications/rcd/pub_rcd_apr_2003.html
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search strategy:
"toys r us" "the word are"
"r us" marks "are us" "toys r us"
I hope this helps. |
