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Badonkadonk
Premium
join:2000-12-17
Naperville, IL
kudos:5
Reviews:
·Dish Network
reply to Daemon

Re: We've passed Peak Apple....

said by Daemon:

said by Metatron2008:

And saying you have to sue based on a trademark is a rediculous method of excusing a company suing a grocery store, WHICH SELLS APPLES, for having an apple logo. That is bullying, from a company that doesn't want anybody else using it's 'forbidden fruit'.

This is how trademark law works. In order to prevent erosion of your trademark, you virtually have to sue over ridiculous non-infringement. Your trademark is only protected with a moat as far as you can sue. By suing as far as you possibly can, you keep that moat as large as possible. One missed lawsuit and the moat gets irreparably smaller.

Unlike patent law, where your rights remain whether you sue or not once the patent is issued, under trademark law, you automatically lose rights if someone infringes and you don't sue, and you lose them forever.

It's why Microsoft sued a student who ran a teenage web programming business called mikerowesoft.com.

You can repair your trademark. It's difficult, but rights aren't necessarily lost forever. For example, Xerox has done a good job repairing their mark.

Also, Apple takes their trademark protection to extremes. I've been doing IP law for over 18 years, including trademarks. No other company for whom I've done trademark law was as loony as Apple, although Ty Industries was close.

By the way, your comments about patent law aren't quite accurate.
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Awesome. More handouts, food stamps, welfare and entitlements to come. I'm so proud.

Kearnstd
Space Elf
Premium
join:2002-01-22
Mullica Hill, NJ
kudos:1

Don't forget Monster Cable for loony... they once sued an indoor minigolf place that had monster in its name.(no clue if they have tried to sue Monster Energy Drinks, But I am guessing the drink maker has a wallet too deep for a maker of overpriced cables to harass.)

and how loony you mention apple being, Didn't they once try and sue NYC over calling itself "The Big Apple"?

Actually how well has Xerox done? I know I have not heard the term Xerox a document in a long time.

I know Google is facing the old Xerox and Kleenex problem though. I once heard someone say they where going to Google something and they went to Bing...
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[65 Arcanist]Filan(High Elf) Zone: Broadband Reports


Badonkadonk
Premium
join:2000-12-17
Naperville, IL
kudos:5
Reviews:
·Dish Network

Regarding Monster and Apple, I don't know who advises these guys, but the craziness leads me to believe that someone's looking for billable hours.

Exactly, since the phrase "xerox this page" or "please xerox this for me" is no longer being commonly used, the mark hasn't become (or is no longer) generic. That's why they've successfully taken back their mark.

Exactly right on the Google thing. But no doubt the Google lawyers are well aware of the dangers.
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Awesome. More handouts, food stamps, welfare and entitlements to come. I'm so proud.


Kearnstd
Space Elf
Premium
join:2002-01-22
Mullica Hill, NJ
kudos:1

said by Badonkadonk:

Exactly right on the Google thing. But no doubt the Google lawyers are well aware of the dangers.

appears very aware.

»en.wikipedia.org/wiki/Google_%28verb%29

quote:
The transitive verb[1] to google (also spelled to Google) refers to using the Google search engine to obtain information on the Web. However, it can also be used as a general term for searching the internet using any search engine, not just Google. A neologism arising from the popularity and dominance[2] of the eponymous search engine, the American Dialect Society chose it as the "most useful word of 2002."[3] It was added to the Oxford English Dictionary on June 15, 2006,[4] and to the eleventh edition of the Merriam-Webster Collegiate Dictionary in July 2006.[5] The first recorded usage of google used as a participle, thus supposing the verb, was on July 8, 1998, by Google co-founder Larry Page himself, who wrote on a mailing list: "Have fun and keep googling!"[6]

Fearing the genericizing and potential loss of its trademark, Google has discouraged use of the word as a verb, particularly when used as a synonym for general web searching. On February 23, 2003,[7] the company sent a cease and desist letter to Paul McFedries, creator of Word Spy, a website that tracks neologisms.[8] In an article in the Washington Post, Frank Ahrens discussed the letter he received from a Google lawyer that demonstrated "appropriate" and "inappropriate" ways to use the verb "google".[9] It was reported that, in response to this concern, lexicographers for the Merriam-Webster Collegiate Dictionary lowercased the actual entry for the word, google, while maintaining the capitalization of the search engine in their definition, "to use the Google search engine to seek online information" (a concern which did not deter the Oxford editors from preserving the history of both "cases").[10] On October 25, 2006, Google sent a request to the public requesting that "you should please only use 'Google' when you’re actually referring to Google Inc. and our services."[11]
on a side note while looking this up I discovered that at some point dry ice was a registered trademark as is/was plexiglass.
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[65 Arcanist]Filan(High Elf) Zone: Broadband Reports

Badonkadonk
Premium
join:2000-12-17
Naperville, IL
kudos:5

Thermos, aspirin, etc. The list goes on and on. Companies/products that are a victim of their own success.
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Awesome. More handouts, food stamps, welfare and entitlements to come. I'm so proud.