Re: How can they trade mark such a word? in http://www.dslreports.com/forum/r17620829 en Thu, 03 Dec 2009 06:41:51 EDT Thu, 03 Dec 2009 06:41:51 EDT Re: How can they trade mark such a word? http://www.dslreports.com/forum/remark,17650108 elvey : I recall that Microsoft lost the case (and appeals) against Lindows (now Linspire) in the USA, but kept suing Lindows in every country in the world, one by one. They lost in about half a dozen countries in a row, and finally won in one.
Microsoft's not above SLAPP lawsuit abuse.
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SBC is the world's second-largest SpamHaus and leads an Organized Crime Syndicate. Also see TURN.org or UCAN.]]> http://www.dslreports.com/forum/remark,17650108 Tue, 16 Jan 2007 03:35:29 EDT Re: How can they trade mark such a word? http://www.dslreports.com/forum/remark,17623573 nklb : "Linspire" is the new name that is the end result of the lawsuit; the original name that provoked the suit was "Lindows"

Edit: Oops, my eyes skipped right over where you said this, sorry]]> http://www.dslreports.com/forum/remark,17623573 Thu, 11 Jan 2007 16:54:20 EDT Re: How can they trade mark such a word? http://www.dslreports.com/forum/remark,17622506 Goober :
said by cdru See Profile :

Even then, it's not 100% clear on the trademarking of Windows. Back a few years a company called Linspire came out with a Linux distribution that ran some Windows applications called Lindows. Microsoft sued because the trademarks were sufficiently similar that it could cause confusion to consumers. While the case was ultimately settled out of court before all appeals were exhausted, it was quite a ways down the path of Microsoft losing the case because Microsoft had used the term "windows" in describing the GUI prior to Windows (the product) from ever being released. Apple and Xerox had also implemented the idea and used the terminology prior to Microsoft telemarketing it as well. It would be similar to me trademarking the name Phones and then suing any company that used the derivative of that.

Trademarks are used to product product name recognition in the market place. Multiple companies can own the same or similar trademark as long as the use of the trademark is in different areas and would not be commonly confused by the lay person. My company has a trade mark of "Do it Best" (the hardware store). Nike has the trade mark "Just Do It". They are fairly similar, but it's not likely someone would confuse a hardware store and a sports clothing company.
Microsoft's registration for Windows is very clear. What was not clear was that Lindows was sufficiently similar to cause confusion. Microsoft losing the case would have had zero impact on it Windows mark relating to the OS.

Establishing secondary meaning trumps prior usage as a generic term. So, I can't agree with your comparison of the trademark Phones. I think you're missing the point.

This is a good primer that you can read to learn more about trademarks. »www.registeringatrademark.com/pr···rk.shtml]]> http://www.dslreports.com/forum/remark,17622506 Thu, 11 Jan 2007 14:12:21 EDT Re: How can they trade mark such a word? http://www.dslreports.com/forum/remark,17622403 sporkme :
said by Maxo See Profile :

Cisco had secured the patent for the name 10 years ago.
Source
Actually a company called InfoGear that Cisco bought had secured the trademark.]]> http://www.dslreports.com/forum/remark,17622403 Thu, 11 Jan 2007 13:57:55 EDT Re: How can they trade mark such a word? http://www.dslreports.com/forum/remark,17622395 GilbertMark :
said by Warez_Zealot See Profile :

That's essentially like trademarking internet phone... or phone with an i in front of it.. Isn't there some law against trademarking common words?

Cisco should have this trademark reviewed than rejected...
iPhone is not a common word you will not find it in a dictionary.
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]]> http://www.dslreports.com/forum/remark,17622395 Thu, 11 Jan 2007 13:56:27 EDT Re: How can they trade mark such a word? http://www.dslreports.com/forum/remark,17621934 cdru : Even then, it's not 100% clear on the trademarking of Windows. Back a few years a company called Linspire came out with a Linux distribution that ran some Windows applications called Lindows. Microsoft sued because the trademarks were sufficiently similar that it could cause confusion to consumers. While the case was ultimately settled out of court before all appeals were exhausted, it was quite a ways down the path of Microsoft losing the case because Microsoft had used the term "windows" in describing the GUI prior to Windows (the product) from ever being released. Apple and Xerox had also implemented the idea and used the terminology prior to Microsoft telemarketing it as well. It would be similar to me trademarking the name Phones and then suing any company that used the derivative of that.

Trademarks are used to product product name recognition in the market place. Multiple companies can own the same or similar trademark as long as the use of the trademark is in different areas and would not be commonly confused by the lay person. My company has a trade mark of "Do it Best" (the hardware store). Nike has the trade mark "Just Do It". They are fairly similar, but it's not likely someone would confuse a hardware store and a sports clothing company.
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Quis custodiet custodes ipsos?]]> http://www.dslreports.com/forum/remark,17621934 Thu, 11 Jan 2007 12:40:52 EDT Re: How can they trade mark such a word? http://www.dslreports.com/forum/remark,17621176 Goober : Common words can serve as trademarks as well. You just have to establish a secondary meaning for the word. It took MS almost a dozen years to do this for their operating system.]]> http://www.dslreports.com/forum/remark,17621176 Thu, 11 Jan 2007 10:22:41 EDT Re: How can they trade mark such a word? http://www.dslreports.com/forum/remark,17621173 Maxo : Thanks for the correction.]]> http://www.dslreports.com/forum/remark,17621173 Thu, 11 Jan 2007 10:22:18 EDT Re: How can they trade mark such a word? http://www.dslreports.com/forum/remark,17621160 Goober : It's just Windows. It took them almost 12 years before they were given a registration number for the OS.

-----------------------------------------

Word Mark WINDOWS
Goods and Services IC 009. US 038. G & S: computer programs and manuals sold as a unit; namely, graphical operating environment programs for microcomputers. FIRST USE: 19831018. FIRST USE IN COMMERCE: 19831018
Mark Drawing Code (1) TYPED DRAWING
Design Search Code
Serial Number 74090419
Filing Date August 20, 1990
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition June 21, 1994
Registration Number 1872264
Registration Date January 10, 1995
Owner (REGISTRANT) Microsoft Corporation CORPORATION DELAWARE One Microsoft Way Redmond WASHINGTON 980526399
Assignment Recorded ASSIGNMENT RECORDED
Type of Mark TRADEMARK
Register PRINCIPAL-2(F)
Affidavit Text SECT 8 (6-YR). SECTION 8(10-YR) 20050407.
Renewal 1ST RENEWAL 20050407
Live/Dead Indicator LIVE ]]> http://www.dslreports.com/forum/remark,17621160 Thu, 11 Jan 2007 10:20:15 EDT Re: How can they trade mark such a word? http://www.dslreports.com/forum/remark,17621124 Maxo : Correct me if I'm wrong, but I think the trademarked term is "Microsoft Windows", not just "Windows"]]> http://www.dslreports.com/forum/remark,17621124 Thu, 11 Jan 2007 10:12:51 EDT Re: How can they trade mark such a word? http://www.dslreports.com/forum/remark,17621123 Goober :
said by Maxo See Profile :

Cisco had secured the
patent trademark registration for the name 10 years ago.
Source
]]> http://www.dslreports.com/forum/remark,17621123 Thu, 11 Jan 2007 10:12:50 EDT Re: How can they trade mark such a word? http://www.dslreports.com/forum/remark,17621114 Goober : It took Microsoft many, many years before Windows gained secondary meaning enough to be registrable.]]> http://www.dslreports.com/forum/remark,17621114 Thu, 11 Jan 2007 10:11:35 EDT Re: How can they trade mark such a word? http://www.dslreports.com/forum/remark,17621091 brandon :
said by kamm See Profile :

said by brandon See Profile :

said by Warez_Zealot See Profile :

That's essentially like trademarking internet phone... or phone with an i in front of it.. Isn't there some law against trademarking common words?
How the heck is iPhone a common word? They're not trying to trademark the letter "i" nor the word "phone." "iPhone" IS a trademark, however. It's kinda like how the word "American" can't be trademarked, and the word "Idol" can't be trademarked, but you can sure believe the words "American Idol" are trademarked.

Linksys had a working telephone that has been officially launched into the market, called an iPhone, and had the trademark for the name since 2000. There is no reason why Apple should have any rights to the trademark unless Cisco grants it to them. If Apple hasn't been granted the rights to iPhone, then they can't start marketing it as such, which is what they did here.
I'm curious about your take on the trademarked name of "windows"...
I would venture to say that if Microsoft were actually selling windows (as in those things with glass in them) then they wouldn't be allowed the trademark. As it stands with Windows being completely different from the standard use of the word, it is allowed.

My opinions are often worthless however! :)]]> http://www.dslreports.com/forum/remark,17621091 Thu, 11 Jan 2007 10:07:40 EDT Re: How can they trade mark such a word? http://www.dslreports.com/forum/remark,17621065 Maxo : Cisco had secured the patent for the name 10 years ago.
Source]]> http://www.dslreports.com/forum/remark,17621065 Thu, 11 Jan 2007 10:03:31 EDT Re: How can they trade mark such a word? http://www.dslreports.com/forum/remark,17621037 kamm :
said by brandon See Profile :

said by Warez_Zealot See Profile :

That's essentially like trademarking internet phone... or phone with an i in front of it.. Isn't there some law against trademarking common words?
How the heck is iPhone a common word? They're not trying to trademark the letter "i" nor the word "phone." "iPhone" IS a trademark, however. It's kinda like how the word "American" can't be trademarked, and the word "Idol" can't be trademarked, but you can sure believe the words "American Idol" are trademarked.

Linksys had a working telephone that has been officially launched into the market, called an iPhone, and had the trademark for the name since 2000. There is no reason why Apple should have any rights to the trademark unless Cisco grants it to them. If Apple hasn't been granted the rights to iPhone, then they can't start marketing it as such, which is what they did here.
I'm curious about your take on the trademarked name of "windows"...
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]]> http://www.dslreports.com/forum/remark,17621037 Thu, 11 Jan 2007 09:59:28 EDT Re: How can they trade mark such a word? http://www.dslreports.com/forum/remark,17620829 brandon :
said by Warez_Zealot See Profile :

That's essentially like trademarking internet phone... or phone with an i in front of it.. Isn't there some law against trademarking common words?
How the heck is iPhone a common word? They're not trying to trademark the letter "i" nor the word "phone." "iPhone" IS a trademark, however. It's kinda like how the word "American" can't be trademarked, and the word "Idol" can't be trademarked, but you can sure believe the words "American Idol" are trademarked.

Linksys had a working telephone that has been officially launched into the market, called an iPhone, and had the trademark for the name since 2000. There is no reason why Apple should have any rights to the trademark unless Cisco grants it to them. If Apple hasn't been granted the rights to iPhone, then they can't start marketing it as such, which is what they did here.]]> http://www.dslreports.com/forum/remark,17620829 Thu, 11 Jan 2007 09:20:51 EDT How can they trade mark such a word? http://www.dslreports.com/forum/remark,17620779 Warez_Zealot : That's essentially like trademarking internet phone... or phone with an i in front of it.. Isn't there some law against trademarking common words?

Cisco should have this trademark reviewed than rejected...
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The meek shall inherit the earth but don't forget the poor are the ones who inherit the debt.]]> http://www.dslreports.com/forum/remark,17620779 Thu, 11 Jan 2007 09:07:29 EDT