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Yahoo Removes Registered Trademark (R) From Logo

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Re: Yahoo Removes Registered Trademark (R) From Logo

#91

Post by josephlord »

polshaw wrote: post #87
DanBC wrote: post #84

Earlier quoted context omitted.

They have sent letters to people using "photoshop" as a verb, especially in a general context where it's not clear that Adobe Photoshop is the editing software. Bic (pens) write to stop people using Bic instead of ballpoint. (Very successfully it seems, that's not a use I'm aware of.) Hoover try to stop people using hoover as a verb too. Google used to try to stop people using "google it" to mean "web search it". The…

IIRC 'bic' is used primarily in France. These companies trying to stop the use of their name seem crazy to me (unless they are 'complaining' just to get some more press). So much promotion.

But it can lead to the loss of the trademark if it becomes a common word. Anyone can brand their product with it.

This happened (or at least went to court) with Hoover in the UK I think. Hoover had become the generic term for a Vacuum Cleaner and so any company could make and sell products described as Hoovers (or at least it was an open legal question).

This means it is far from crazy to defend a trademark from generic use.

Re: Yahoo Removes Registered Trademark (R) From Logo

#92

Post by halvsjur »

polshaw wrote: post #87
DanBC wrote: post #84

Earlier quoted context omitted.

They have sent letters to people using "photoshop" as a verb, especially in a general context where it's not clear that Adobe Photoshop is the editing software. Bic (pens) write to stop people using Bic instead of ballpoint. (Very successfully it seems, that's not a use I'm aware of.) Hoover try to stop people using hoover as a verb too. Google used to try to stop people using "google it" to mean "web search it". The…

IIRC 'bic' is used primarily in France. These companies trying to stop the use of their name seem crazy to me (unless they are 'complaining' just to get some more press). So much promotion.

Trademark erosion/dilution can apparently render the trademark invalid:

https://en.wikipedia.org/wiki/Generic_trademark#Trademark_er...

Re: Yahoo Removes Registered Trademark (R) From Logo

#93

Post by iand »

DanBC wrote: post #86
pwaring wrote: post #78

Earlier quoted context omitted.

TM doesn't mean anything - a trademark is either registered (and therefore enforceable) or it isn't. You can slap it on pretty much anything you want, it doesn't mean that whatever it is attached to will become a registered trademark, or even that the owner has filed for registration.

Why do people use it then? Specifically, why is it used in the original image? They must think it does something? Or are people just following procedures?

They are claiming ownership over the mark, but haven't registered it. It has less legal force but still counts for a trademark infringement.

Re: Yahoo Removes Registered Trademark (R) From Logo

#94

Post by zalew »

josephlord wrote: post #91
polshaw wrote: post #87

Earlier quoted context omitted.

IIRC 'bic' is used primarily in France. These companies trying to stop the use of their name seem crazy to me (unless they are 'complaining' just to get some more press). So much promotion.

But it can lead to the loss of the trademark if it becomes a common word. Anyone can brand their product with it. This happened (or at least went to court) with Hoover in the UK I think. Hoover had become the generic term for a Vacuum Cleaner and so any company could make and sell products described as Hoovers (or at least it was an open legal question). This means it is far from crazy to defend a trademark from gene…

in Poland instead of 'hoover' it was 'electrolux'. some seniors people call it so to this day. 'bic' was also popular in Brazil.

Re: Yahoo Removes Registered Trademark (R) From Logo

#95

Post by eric_bullington »

dm8 wrote: post #12

On side note, she uses Instagram instead of Flickr. Looks like Flickr needs to step up. Would be fun to see if she says to Flickr team, "I won't use your app unless you improve it"

They could start by releasing a proper RESTful API:

http://stackoverflow.com/questions/2206188/why-isnt-the-flic...

Also, using valid JSON for in their API would be a nice touch:

http://www.flickr.com/groups/api/discuss/72157622950514923/

*Note that both of these posts are over two years old, and yet these problems persist even now.

Re: Yahoo Removes Registered Trademark (R) From Logo

#96

Post by chalst »

josephlord wrote: post #91
polshaw wrote: post #87

Earlier quoted context omitted.

IIRC 'bic' is used primarily in France. These companies trying to stop the use of their name seem crazy to me (unless they are 'complaining' just to get some more press). So much promotion.

But it can lead to the loss of the trademark if it becomes a common word. Anyone can brand their product with it. This happened (or at least went to court) with Hoover in the UK I think. Hoover had become the generic term for a Vacuum Cleaner and so any company could make and sell products described as Hoovers (or at least it was an open legal question). This means it is far from crazy to defend a trademark from gene…

There is no danger of these companies losing their trademark, anymore than Apple the iPhone maker is in danger of losing its trademark either because the term Apple is associated with other commercial products, e.g., Beatles records or because it is also a common word.

The companies are worried about loss of "uniqueness" (aka. "trademark dilution"), which is a special form of protection that famous and unambiguous trademarks get. Now that the Google trademark is considered unique, you can't start a Gourmet Google Goulash restaurant, even though there is no risk of consumers being confused about who they are dealing with. The law is worried that Google's brand strength might be diluted by their brand managers not having the stage completely to themselves.

I think this whole area of law is fairly recent - Wikipedia says it grew out of anti-cybersquatting efforts in the mid 1990s.

Re: Yahoo Removes Registered Trademark (R) From Logo

#97

Post by nchlswu »

001sky wrote: post #67
randomfool wrote: post #47

Earlier quoted context omitted.

I've also heard (from MS lawyers) that it's only important to have this at the first point of display of the logo, such as installer or splash screen. Does not have to occur everywhere.

I'm thinking even the apple logo (with bite) on the back of a macbook, etc...

Then that example can be applied to the Surface tablet* and any manufacturer's laptop -- no (TM) there.

But even then, what makes a hardware product different from an advertisement or a software? As far as I know, there's no legal text on the bottom of these hardware products either.

*I don't think there's a (tm) symbol there

Re: Yahoo Removes Registered Trademark (R) From Logo

#98

Post by smountcastle »

Excellent! I'd love to see more companies follow suit. I have a bunch of 'logowear' and it annoys me greatly when a company puts TM or R after its logo on shirts, hats, jackets, etc. It seems absurd to me to need to protect their mark so vigorously on clothing when it's a tech company -- I don't mind seeing TM/R in advertisements, on their website, etc. but don't place it on clothing!

Re: Yahoo Removes Registered Trademark (R) From Logo

#100

Post by jaylevitt »

chalst wrote: post #96
josephlord wrote: post #91

Earlier quoted context omitted.

But it can lead to the loss of the trademark if it becomes a common word. Anyone can brand their product with it. This happened (or at least went to court) with Hoover in the UK I think. Hoover had become the generic term for a Vacuum Cleaner and so any company could make and sell products described as Hoovers (or at least it was an open legal question). This means it is far from crazy to defend a trademark from gene…

There is no danger of these companies losing their trademark, anymore than Apple the iPhone maker is in danger of losing its trademark either because the term Apple is associated with other commercial products, e.g., Beatles records or because it is also a common word. The companies are worried about loss of "uniqueness" (aka. "trademark dilution"), which is a special form of protection that famous and unambiguous tr…

Then you'll be surprised to learn that these were once trademarks:

- Aspirin - Escalator - Yo-yo - Zipper

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