Search:  

 
 
   All ForumsHot TopicsGallery






how-to block ads


 
Forums » Cisco Explains iPhone Lawsuit » How can they trade mark such a word?
Search Topic:
Share Topic:
RSS topic:
toggle:
flat / full
normal / watch
Post a:
Post a:
AuthorAll Replies


Goober
Premium
join:2000-12-17
Naperville, IL
·Comcast
·WOW Internet and C..


1 edit
reply to cdru
Re: How can they trade mark such a word?

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
Forums » Cisco Explains iPhone Lawsuit


Friday, 27-Nov 05:03:06 Terms of Use | Privacy Policy | Hosting by www.nac.net - DSL,Hosting & Co-lo | feedback | contact
over 10 years online! © 1999-2009 dslreports.com.
page compression OFF
Most commented news this week
· [115] Time Warner Cable Fires Broadside At Broadcasters
· [109] New AT&T Ad Campaign Hits Back At Verizon
· [95] Apple Joins AT&T Verizon Snark Fest
· [87] New Bill Takes Aim At Higher Verizon ETFs
· [70] TiVo Sees Record Customer Losses
· [63] In-Flight Internet Headed For Bumpy Landing?
· [56] Thanksgiving Open Thread
· [38] ICANN Slams DNS Redirection
· [36] Senators Want ACTA Made Public
· [35] Despite Billions In USF Fees, U.S. Libraries Lack Bandwidth
Most people now reading
· Newegg Black Friday Sale started [Users Find Hot Deals]
· 3.x Feral Druid - Bear Tanking Guide [World of Warcraft]
· Windows 7 boot manager editing questions [Microsoft Help]
· Bell Response to PIPEDA Request [TekSavvy]
· HOW-TO: QoS and Tomato (fixes "choppy voice") [MagicJack]
· Slow speeds in the evenings [TekSavvy]
· Connecting to Google Voice Via SIP [VOIP Tech Chat]
· [Snow Leopard] NFS Mounts - no more Directory Utility [All Things Macintosh]
· ToC 4th boss - Preliminary Strategy for Twin Valkyr [World of Warcraft]
· Whats the big deal about being "Old School"....? [World of Warcraft]