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Verbing Weirds Google

MoNickels writes "Back in January, the American Dialect Society voted the neologism "to google" as the most useful word of 2002. Now bring on the lawyers! Google's have sent a cease-and-desist letter to Paul McFedries, creator of the famous Word Spy site, demanding he remove google as a verb from his lexicon, or else. Frank Abate, an American editor for the Oxford English Dictionary, points out, however, that you can't claim proprietary rights to a verb." Update: 02/26 03:19 GMT by T : MoNickels writes with an update: "Frank Abate is not an editor of the OED, but he is a former editor of the New Oxford American Dictionary, both published by Oxford University Press." Thanks for the amendment!

766 comments

  1. finally by geekoid · · Score: 1

    a site we're less likley to boycot then MPAA.

    suing over a verb, indeed.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:finally by tempest303 · · Score: 5, Insightful

      They kind of have to try, actually. Trademarks can only be held if you actively defend them - if Google didn't take *some* kind of action to protect it's trademark, they could lose it!

      That said, it really sucks that it had to happen - I wonder if Google has to actually sue this guy in order to satisfy the defense clause for trademarks... I would hope not.

    2. Re:finally by jaavaaguru · · Score: 1

      I thought that was patents that you had to defend?

    3. Re:finally by aridhol · · Score: 1

      Nope. That's why there are so many submarine patents that we have to worry about.

      --
      I can't say that I don't give a fuck. I've just run out of fuck to give.
    4. Re:finally by Gizzmonic · · Score: 1, Insightful

      Trademarks are only defensible to protect against confusingly similar products. So, it's okay for google to sue another search engine company.

      But it's not okay for Lincoln (makers of the Navigator) to sue Netscape. Yet this thing happens all the time. Lawsuit threats used as extortion, with the rational "we have to defend them in court."

      In this post dot-com era, it seems that "extortion as a business model" is becoming increasingly popular. Thought Google was above that. Guess I was wrong.

      --
      (-1, Raw and Uncut is the only way to read)
    5. Re:finally by Anonymous Coward · · Score: 0, Flamebait

      Thought Google was above that. Guess I was wrong.

      Oh, I love it. An air of moral superiority from a Slashdot nerd who's never actually produced anything in his life.

      That's really rich.

    6. Re:finally by schon · · Score: 2, Funny

      I thought that was patents that you had to defend?

      No, that's copyrights! /me ducks :o)

    7. Re:finally by Patrick13 · · Score: 4, Informative

      Ironically, according to what I've read in the retail industry, one of the best things that can happen to your brand is that it become colloquially accepted as the overall term for a group of products.

      ie:

      a "coke" instead of a carbonated beverage
      a "thermos" rather than a... err a thermal flask?
      a "kleenex" instead of a paper tissue

      On the otherhand... according to this the quickest way to lose your copyright is to have your brand perceived as a generic term.

      By the way, I found the above article by googli^U^U^U using the search engine Google®.

      ;P

      --
      ::.. check out some Cell Phone Reviews
    8. Re:finally by geekoid · · Score: 1

      only if it is a trade mark infringment. reporting on a word people use will not dillute there trademark.
      If a say To google = searching is one thing
      to call my search product Googles is another.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    9. Re:finally by danbeck · · Score: 0

      I doubt that if this company was part of the axis of evil (Microsoft, Music Industry, Bush 2004 Campaign) you would be saying the same thing.

    10. Re:finally by danbeck · · Score: 0

      ack.. to clarify.. "you" as in, people here reading slashdot that might have agreed with you.

    11. Re:finally by privacyt · · Score: 1

      You can't sue a dictionary merely for reporting how a word is used. Google would have to instead have to send its reptiles after all the individuals on the Internet who use their precious fucking trademark as a verb.

    12. Re:finally by tempest303 · · Score: 1

      You're right, actually.

      Why? Because in the past, Google has exhibited very community/public-friendly decisions, where as Microsoft, the RIAA, and the Bush administration, well... you brought them up, you apparently know why one might not trust them. (I sure don't.)

      So yes, the source of the statement (ie: the context) DOES matter.

    13. Re:finally by kcelery · · Score: 1
      RTFA, this is quoted from WORDspy



      google

      (GOO.gul) v. To use an Internet search engine such as google.com to look for information related to a new or potential girlfriend or boyfriend. (Note that Google(TM) is a trademark of Google Technologies Inc.)
      --Googling pp.

      To name GOOGLE as a mean of 'look for information related to a new or potential girl/boy friend' is pathetic a gross mis-intrepreted description. It is like labeling your kitchen knife as a murder weapon which in extreme case it might turn up to be.

    14. Re:finally by azadrozny · · Score: 1
      This is one of those thin lines that a company has to walk. You want brand recognition but not enough that your brand name becomes a household word. I have read articles about companies, like Xerox, that have fought to build a quality brand image only to have to put the breaks on because people began to use the name interchangably with more "generic" competators.

      It stinks that Google has to do this but I really don't blame them. There is a lot of room for interpretation in US trademark law and I am sure they are just trying to error on the side of caution.

    15. Re:finally by keller · · Score: 1
      Quote

      ...article by googli^U^U^U using the search engine Google®


      I just use the term "... by asking Google..." it's shorter, theres no legal implications and I'm always satisfied with the answer ;-)

      --

      Enig? Det alt for hot det smor!

    16. Re:finally by Guitarsenal · · Score: 0

      Well at least "Google" didn't get linked to something nasty.

      Consider the poor makers of the canned meat product, "Spam".

      Or the makers of that diet / candy stuff: AIDS.

      I can just imagine the gloom around the Aids offices when they realized that a deadly disease just got the same name as their product!

    17. Re:finally by privacyt · · Score: 1

      The lexicographer (that means "dictionary writer" for those not versed in the Greco-Latin roots of the English language) gave it a narrow definition in order to be 100% safe in court. To 'look for information related to a new or potential girl/boy friend' is how "google" was first used as a verb in print.

    18. Re:finally by Hognoxious · · Score: 1
      for those not versed in the Greco-Latin roots of the English language
      English is a Germanic language. It does not have Greco-Latin roots. It may have some Greco-Latin vocabulary, but that is not the same thing.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    19. Re:finally by Hognoxious · · Score: 1
      Or the makers of that diet / candy stuff: AIDS.
      In England at least, it was spelt 'Ayds'. Their slogan was 'Lose weight with Ayds!'. Arf arf!
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    20. Re:finally by Anonymous Coward · · Score: 0

      He that breaks a thing to discover what it is has left the path of wisdom -- Gandalf the Grey

      Sod off then, youre omelettes are like leather anyway! -- Grungnir the Greedyguts

    21. Re:finally by Hognoxious · · Score: 1
      ... never actually produced anything in his life.
      Likewise, most of the people who use extortion as a business model.
      That's really rich.
      Likewise, most of the people who use extortion as a business model, unfortunately. And their lawyers.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    22. Re:finally by privacyt · · Score: 1

      Thanks so much for your input. And as I'm sure you know, being as erudite as you are, the word "lexicographer" is not Germanic in origin but instead part of that "Greco-Latin vocabulary."

    23. Re:finally by Jayfar · · Score: 1

      Trademark != Copyright

    24. Re:finally by Hognoxious · · Score: 1
      I never said anything about the origins of that particular word. Did it come up on your last spelling bee or something? Anyroadup, what I did write was
      It [the English language] may have some Greco-Latin vocabulary, but that is not the same thing.
      So if you were to sit in your bungalow (or on its verandah) wearing pyjamas & dipping a chapatti in a lassi, that means it has Indic roots, does it?

      Having some words from X != has X roots

      So if you're going to be patronising (ooh! I know what a lexicographer is, and you don't) at least try to be correct, there's a good chap. Now run along, before I explain to you what the "Fallacy of composition" is.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  2. never work by JohnG · · Score: 5, Insightful

    The post office has been pretty peeved over the usage and meaning of the term "Going Postal", but haven't had much success stopping it's usage. The makers of Spam the meat haven't been to thrilled with it's usage when referring to junk email either, but haven't stopped it. Even if Google gets "to google" out of the lexicon, it will still be used rampantly. The only thing they will accomplish is making themselves look like asses for complaining in the first place.

    1. Re:never work by Anonymous Coward · · Score: 1, Redundant

      My guess is it has to do with trademark law. In order to keep your mark, you must vigorously defend it and prevent it from becoming common vernacular.

      Kleenex and Xerox did not defend their marks, which is why people refer to any facial tissue as Kleenex. Same goes with "Xerox" copies.

    2. Re:never work by karlowfwb · · Score: 1, Redundant

      Google doesn't have much of an option. If they do not follow up on this voratiously, they will most likely loose the copyright on their name. They may be making themselves look like asses, but that is the price that have to pay.

    3. Re:never work by aiken_d · · Score: 5, Informative

      Actually, Hormel has given up on the spam thing. They used to say that it was OK to use the work in lower case to refer to junk email, but would actively contact and even threaten folks using it in its capitalized form. However, they've apparently decided that any publiclity is good publicity.

      Google's intent here is clearly to protect their trademark -- they don't really have a choice. If they aquiesce and agree that "to google" is a generic word and not a brand reference, you can bet that Inktomi and Overture-those-fraudulent-bastards-it's-a-classifi ed-ad-engine-not-a-search-engine will call their offerings "Googlers" or something similar. Which would be a moral victory for Google, but perhaps a commercial disaster.

      Cheers
      -b

      --
      If I wanted a sig I would have filled in that stupid box.
    4. Re:never work by loucura! · · Score: 4, Insightful

      They have to go after it, because it is an infringing use of their Trademark. Otherwise, they lose the trademark.

      Granted, it will probably still be used, like "Xerox" for making copies, but it is not in Google's best interests to encourage it.

      --
      Black and grey are both shades of white.
    5. Re:never work by Anonymous Coward · · Score: 0
      they will most likely loose the copyright on their name.

      It's a trademark, not a copyright. You can't copyright a single word (I hope).

    6. Re:never work by pclminion · · Score: 5, Funny
      However, they've apparently decided that any publiclity is good publicity.

      Have you seen their recent TV ad, with the guy at the dinner table who turns to the camera, puts on the funniest shit-eating grin you can imagine, and screams "MORE SPAM!!!!" Then a truck carrying Spam(TM) crashes through the wall into the dining room.

      Kind of like spam mail crashing into your inbox, interrupting whatever you were currently in the middle of doing... It's a brilliant ad.

    7. Re:never work by egreB · · Score: 0

      Same goes with "Xerox" copies.

      Careful with the "American Tunnel Vision Syndrome." The verb xerox is in my experience rarely used outside the US. I Norway, where I live, we copy stuff. Or, if you're kind of old, photocopy it.

    8. Re:never work by NaugaHunter · · Score: 1

      Their lawyer's intent is to ensure that the dictionary mentions the trademark; if they let the definition go other sites can use it as evidence that they don't care about protecting it.

      As to you're other point, no. It is a generic word when used genericly in speech, it is a trademark violation when used directly with what the trademark is for. "xerox" has become a common term for making copies, but I'm pretty certain Xerox would complain if Canon released the new "TR-11 Xerox Machine". Even common use words are defendable as trademarks - witness Apple. It is only a trademark violation if in the given context someone could reasonably believe what is being discussed has something to do directly with the trademark holders. So I would think that other search engines could be prevented from using the term 'google' to describe what they do, in much the same way that Canon would be in trouble if their slogan were to change to 'for all of your xeroxing needs'.

      --
      R: That voice. Where have I heard that voice before? B: In about 365 other episodes. But I don't know who it is either.
    9. Re:never work by WatertonMan · · Score: 1

      I never called junk mail Spam. Since I was Canadian I always referred to it as Spork. What is Spork?

    10. Re:never work by Hittite+Creosote · · Score: 1

      Not sure about that. Although many people still refer to their vacuum cleaners as 'hoovers' (at least in my country) and the act of vacuuming as 'hoovering' that doesn't mean that anyone other than the Hoover company put the word 'Hoover' on their vacuum cleaners.

    11. Re:never work by WatertonMan · · Score: 1

      Whoops. Slightly off link. Spork

    12. Re:never work by manyoso · · Score: 5, Insightful

      You are making a very bad mistake.

      Your analogy to Apple does not hold water. No one will mistake an 'apple -- see fruit' for an 'Apple --computer/business'. You have correctly pointed this out.

      However, this is not a good analogy because the word 'google' *means* to search for something online. Precisely what the company/trademark is all about!

      So if another internet search engine uses the new word 'google' in marketing or in general usage then it is not a trademark infringement because 'google' is now a general word and they would be using it correctly.

    13. Re:never work by tevman · · Score: 1

      oh man, dont talk about food, im broke.. i dont have any food, and slashdot is the only thing that can make me forget all that

      --
      sig is broken try again tomorrow
    14. Re:never work by NaugaHunter · · Score: 4, Informative

      No.

      When Apple first formed as such, they were involved in a trademark dispute with the British recording label Apple (the Beatles label, BTW). They settled because Apple Computer would be in a different business. (For more, search on 'Apple+sosumi'.) Furthermore, it has also been resolved that 'Apple' can not be used as a trademark when selling the actual fruit.

      Google does NOT mean to search for something online. Check here or your closest paper dictionary. In the vernacular it has come to mean search in much the same way xerox has come to mean copy documents, kleenex has come to mean tissue, and scotch tape has come to mean transparent tape.

      Ergo, if another internet search engine uses the term 'google' it would be as much as fault as a copier company advertising with the word 'xerox'. The fact that 'Word Spy' has noted that it is now in common use to mean search is irrelavent.

      --
      R: That voice. Where have I heard that voice before? B: In about 365 other episodes. But I don't know who it is either.
    15. Re:never work by ichimunki · · Score: 1

      Actually, the verb "google" means "to look something up on google.com". I've never heard anyone say they were going to "google" for something from dmoz.org or yahoo.com. FWIW, the current definition of "to google" at WordSpy includes a reference to google.com and to the trademark status of the word. So it sounds like he's done the Right Thing (TM). This is pretty much how Merriam-Webster treats things like Kleenex and Xerox.

      --
      I do not have a signature
    16. Re:never work by Anonymous Coward · · Score: 0

      People who think xerox is a universal word for making coppies would have to open their eyes a bit to work their way up to 'American Tunnel Vision' Case in point, I've been in America my entire life, and have never once xeroxed anything. I have, however, coppied many things.

    17. Re:never work by Twirlip+of+the+Mists · · Score: 4, Funny
      They settled because Apple Computer would be in a different business. (For more, search on 'Apple+sosumi'.)

      Be honest. You originally wrote "google for" and then you erased it and wrote "search on," didn't you?

      ;-)

      --

      I write in my journal
    18. Re:never work by arose · · Score: 2, Funny

      No one will mistake an 'apple -- see fruit' for an 'Apple --computer/business'.

      *cough*Forest Gump*cough*

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    19. Re:never work by Large+Green+Mallard · · Score: 3, Interesting

      Apple Computer had to deal with Apple Inc because they claimed that the Apple Computer was a musical device, which I can kinda see. The "settlement" was largish sums of money.

      On a related note, Apple paid royalties to Coca Cola for using the word "Classic" to describe a product.. damn USPTO again I guess.

    20. Re:never work by Uart · · Score: 1

      This could actually be under "trademark dilution" where by supporting the use of Google's trademark as a verb, they can create a situation where the trademarked term enters the vernacular and ceases to be unique enough to qualify as a trademark..

      if i remember that correctly from my business law class. You don't need to directly infringe (use) a trademark in order to be guilty of trademark dilution.

      --

      Opinionated Law Student Strikes Again!
    21. Re:never work by iabervon · · Score: 1

      I somewhat doubt that calling your search engine a "googler" would actually enable you to steal Google's business. Who would use a non-Google googler? It's quite a different situation from using a trademark noun as a noun for your product directly; the case where trademarks are important is when the infringing product may seem to be the original product itself, rather than to refer to the product. Why would you buy a product whose name suggests that it does what a Xerox machine does, when you could actually buy a Xerox machine?

    22. Re:never work by mesach · · Score: 1

      "In the vernacular it has come to mean search in much the same way xerox has come to mean copy documents"

      Not really when I tell you to xerox this I generally don't care what you use to do it, just make me a copy.

      When I tell you to google for something... that means goto google and search for it, not yahoo or all the web, or ANY other search engine, GOOGLE and google only

      Of course could the devil sue for me telling you to go to hell? its a common verb, but it also pertains to a specific place.
      Don't take that the wrong way, I just thought of it as I was finishing my ramblings.

      --
      moo.
    23. Re:never work by Anonymous Coward · · Score: 0

      The Apple Computers vs. Apple Records suit had as much to do with the logo as it did the name.

    24. Re:never work by srn_test · · Score: 1

      Hmm, I think that xerox only means photocopy in some parts of the world - here (.au) most people I know talk about photocopying something.

      Similarly, most people refer to "tissues" and "sticky tape". Perhaps it's only Americans who have difficulty distinguishing between a common brand of a product and the class of product in general?

    25. Re:never work by Ancil · · Score: 2, Insightful
      Google does NOT mean to search for something online. Check your closest paper dictionary.
      Language evolves. New words get coined; old words take on new meanings. My closest paper dictionary doesn't have an entry for login -- should I stop using that word?
      The fact that 'Word Spy' has noted that it is now in common use to mean search is irrelavent.
      Far from being irrelevant, it cuts to the heart of the matter. Because once a word enters the vernacular, it can no longer be claimed as a trademark.
    26. Re:never work by Paradise+Pete · · Score: 1
      the word 'google' *means* to search for something online.

      Not to me, it doesn't. At least not exactly. To me it means to search for something online using Google.

      I wouldn't consider myself to be googling using Alta Vista, for instance. I suppose, though, that maybe at one point xeroxing something meant only with a Xerox machine. But there weren't really any others.

    27. Re:never work by TGK · · Score: 1

      To be fair, sticky tape generaly does not refer to celophane tape (which is the non-brand-specific name for Scotch(tm) Tape). Sticky tape refers to a fabric based tape (rather than plastic) with a fairly viscus adhesive applied in substantial quantity.

      Duct Tape (another brand blur if I remember correctly) is a perfect example of such sticky tape. It is used heavily in biological containment because the layer of adhesive acts as an effective barrier to foreign substances and the flexable tape can be fitted into a seel around nearly any junction/opening/gap/etc.

      --
      Killfile(TGK)
      No trees were killed in the creation of this post. However, many electrons were inconvenienced.
    28. Re:never work by cpt+kangarooski · · Score: 3, Interesting

      And you're what, an armchair trademark attorney?

      The fact is, that the public has immense power to influence trademarks. If PEOPLE generically use Xerox to mean 'to copy documents,' 'photocopiers,' and/or 'copied documents,' then the trademark will die. This is known as genericide, since a generic word cannot be trademarked. (Which is why you can't trademark Apple with reference to the fruit; that's the generic name! Has nothing to do with the computer company.)

      Asprin, heroin, cellophane... these all _used_ to be trademarks. Xerox and kleenex have been on the verge for ages. Sanka just barely managed to save their mark.

      Personally, I think it's fun, and I often use marks as generic words (for example, being from the South, I call all soft drinks coke unless I'm trying to specifically discuss one in particular).

      Thus, if people DO use google to mean to search for something online, this will destroy the Google trademark over time. I say, let's do it!

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    29. Re:never work by cpt+kangarooski · · Score: 1
      Not really when I tell you to xerox this I generally don't care what you use to do it, just make me a copy.


      There are actually three generic meanings of 'xerox.' Example: I xeroxed the xeroxes on the xerox.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    30. Re:never work by Hadlock · · Score: 1

      Splitting hairs: Maybe I missed the humor, but I read this as "I (verbed) the (plural nouns) on the (noun)", which to me is two generic meanings, unless you count nouns and plural nouns as two completely seperate forms.

      --
      moox. for a new generation.
    31. Re:never work by Hadlock · · Score: 1

      I think Duct Tape is the generic term, even though it's not actually used for (heating) ducts, as the adhesive has a tendancy to melt. They use a type of aluminized super tape for duct work.

      Anyways, there's a bit of a blur between generic Duct Tape and Duck Brand Duct Tape, although I think the company in that case was named in correlation with their primary product.

      --
      moox. for a new generation.
    32. Re:never work by quintessent · · Score: 1

      Well, how many document copiers have taken to calling themselves "Xerox machines". I'm not sure if it's such a huge risk for Google. It's free advertising, though. And how the hell do you sue a word out of a language?

    33. Re:never work by Anonymous Coward · · Score: 0

      No. The verd means to photocopy, the first noun (plural) means the actual copies, and the last noun means a photocopyier. I copied the copies on the copier.

    34. Re:never work by srn_test · · Score: 1

      Not in Sydney. Sticky tape is transparent. Duct-tape is the silver heavy-duty stuff. Packing tape is brown sticky-tape.

    35. Re:never work by NaugaHunter · · Score: 1

      Actually, aspirin is an excellent example of a trademark that was not enforced and suffered 'trademark dilution' (thanks Uart). Now anyone can market aspirin. However, not anyone can market xeroxes. Granted, part of that is the fact it is a company name and not simply a product name, and it would risk confusing the consumers into buying an actual Xerox, but the point I am trying (with mixed results) to make remains:

      Trademarks apply in context. They do not apply out of context. Google's request that the fact it is a trademark be noted is mainly to prevent what happened to aspirin. While they can't stop people from saying 'I'm going to google for my keys', they can stop other internet search sites from saying 'Perform your googles here!' There is a difference between a trademark losing its affect in common speech, and a trademark losing its legal standing. Aspirin has lost both xerox has lost only the second. And to switch to your example (since even I am growing weary of my use of xerox), while large segments of the population may say 'coke' for any soft drink, the Coca Cola company would never allow an ad that says 'Drink Our-Brand Cola: The Best Coke Ever!'

      Unless, of course, Our-Brand actually did contain coke, either cocaine or the smelting kind. They could probably use the term coke since it would be part of the product, though eventually some grumps at the FDA or DEA would start tossing their weight around.

      (On a side note, this coke business can get annoying to traveling Pepsi drinkers, but that's another discussion entirely. )

      --
      R: That voice. Where have I heard that voice before? B: In about 365 other episodes. But I don't know who it is either.
    36. Re:never work by Anonymous Coward · · Score: 0

      Sure, but you can't buy non-Bayer aspirin.

    37. Re:never work by Anonymous Coward · · Score: 0

      More precisely: I (verbed) the (result of verbing) on the (device for verbing).

      A piece of paper != a xer^H^H^Hcopy machine

    38. Re:never work by Stalky · · Score: 1

      Are you sure about aspirin? Deep in the recesses of my mind is the impression that Bayer were stripped of the Aspirin trademark by the Treaty of Versailles.

      --
      Jeff
    39. Re:never work by Anonymous Coward · · Score: 0

      I believe you are right about that one.

    40. Re:never work by cpt+kangarooski · · Score: 1
      While they can't stop people from saying 'I'm going to google for my keys', they can stop other internet search sites from saying 'Perform your googles here!' There is a difference between a trademark losing its affect in common speech, and a trademark losing its legal standing.


      Not really, no. If the trademark is a generic term, it loses its legal standing. In order to combat this, trademark holders must not _just_ vigorously protect their trademark by preventing infringing uses in commerce, but ALSO must advertise in ways that combat the generification effect.


      Remember: a trademark is intended to distinguish the source of goods and services in commerce. If it does not, because people use the mark generically, then the purpose of the mark is frustrated and the term can no longer be protected in its generic sense.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    41. Re:never work by stephanruby · · Score: 1
      "Which would be a moral victory for Google, but perhaps a commercial disaster. "

      A commercial disaster? Why? Wouldn't it be a financial victory instead? And yes, I understand that some other companies might try to impersonate Google, but I can't see this as a negative.

    42. Re:never work by Liket · · Score: 1

      > Your analogy to Apple does not hold water. No one will mistake an 'apple -- see fruit' for an 'Apple --computer/business'.

      Except for Forrest Gump.

    43. Re:never work by Cato+the+Elder · · Score: 1

      You don't think that lots of people would end up going to googler.microsoft.com if that became the default search option for Internet Explorer?

    44. Re:never work by stephanruby · · Score: 1
      "Ergo, if another internet search engine uses the term 'google' it would be as much as fault as a copier company advertising with the word 'xerox'. "

      Or it would be like someone taking the word "cola" and putting it into their name.

    45. Re:never work by Copperhead · · Score: 1

      The plural noun referred to the copies, while the singular noun referred to the copier.

      --
      Your reality is lies and balderdash and I'm delighted to say that I have no grasp of it whatsoever. - Baron Munchausen
    46. Re:never work by Tony-A · · Score: 1

      googler.microsoft.com
      Interesting.
      Nah, being Microsoft it still wouldn't work very well.

      Seems I always get better responses when I Google for information about Microsoft software than when I Microsoft for it. ;-)

    47. Re:never work by Ed+Avis · · Score: 1
      Hormel made a good point about trademarks:
      Please Do: Always put the trademark SPAM in all capital letters. Follow SPAM with "Luncheon Meat" or other descriptor. Remember, a trademark is a formal adjective and as such, should always be followed by a noun.

      So in this case, it would seem that Google have a claim to 'Google(tm) Web Searches' or 'the Google(tm) search engine', but not the verb 'to google'.

      I never used the verb 'to google' before now, but after this heavy-handed lawyering I just might start.

      --
      -- Ed Avis ed@membled.com
    48. Re:never work by Anonymous Coward · · Score: 0
      *cough*Forest Gump*cough*
      But he's fictional. And as thick as 2 short planks.
    49. Re:never work by stanmann · · Score: 1

      well, since most cola preparations contain the cola nut or kola, depending on transliteration difficulties. they are "cola beverages".

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    50. Re:never work by iabervon · · Score: 1

      A lot of people would go to randomstring.microsoft.com if it became the default search option for IE. I doubt many people would actually pick a Microsoft "googler" because of the name.

  3. as in... by crumbz · · Score: 3, Insightful

    ..to Xerox

    1. Re:as in... by Anonymous Coward · · Score: 2, Insightful

      to slashdot...

    2. Re:as in... by deadsaijinx* · · Score: 1

      which xerox, of course, spent great deals of money promoting people to use the term copy, out of fear that they would lose their rights over the word xerox

      --
      YOU SUCK BALLS!
    3. Re:as in... by Svet-Am · · Score: 1

      to photoshop, to "play nintendo", to "order a coke"... the list goes on...

      --
      [move .sig! for great justice, take off every .sig!]
    4. Re:as in... by CyberKnet · · Score: 1

      To xerox is also an Americanism, by and large. It is not nearly as prevalent in other countries. (Case Study: Australia, where most of the time, a person would photocopy/copy something, not xerox it).

      --
      Video meliora proboque deteriora sequor - Ovidius
    5. Re:as in... by Anonymous Coward · · Score: 0

      And has fallen out of common usage. Funny part, this was happening at the same time Xerox lost dominance in the copier market. I wonder if Frequency_of_xerox/Frequency_of_copy = x * Num_Xeroxes/Num_Copiers. Google had better watchout!

    6. Re:as in... by HiThere · · Score: 1

      It's less common around here, as we've stopped using Xerox copiers. Now we usually just copy. But when we had Xerox machines (n.b.: Xerox machines, that was what we called them. They were copiers, but we didn't call them that.) we always talked of xeroxing things.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    7. Re:as in... by Anonymous Coward · · Score: 0

      to photoshop, yes.

      to drink a coke, no. coke is the noun. drink is the verb.

    8. Re:as in... by Anonymous Coward · · Score: 0

      In certain parts of the south, "Coke" refers to all soda/pop beverages, even Pepsi.

    9. Re:as in... by lizrd · · Score: 1

      True enough, but noone in the US would ever Hoover their floors.

      --
      I don't want free as in beer. I just want free beer.
    10. Re:as in... by angst_ridden_hipster · · Score: 1

      Hm.

      Oh, yeah, the Xerox machines. They were later replaced by the Photocopiers, which, I guess, have been replaced by "the copier."

      I know people who will "stat" or "photostat" a copy.

      I can still remember when we'd "mimeo," back in the not-so-long-distant days of mimeographs.

      Heh. In elementary school, I recall making the discovery that an un-used mimeo master sheet would make a fantastic mess if gotten wet (e.g., dropped in a sink). Ah yes, those were the days. Gosh, were we easily amused. Today it requires far more destruction than mere ink. Well, of course, toner cartridges *do* have their amusing qualities when exploded, but ... ah, nevermind.

      --
      Eloi, Eloi, lema sabachtani?
      www.fogbound.net
    11. Re:as in... by bardencj · · Score: 1

      That's true. But within 150 miles of Atlanta, if you ask for a Coke and they serve you Pepsi, they have committed a Class 1 misdemeanor.

    12. Re:as in... by Mantorp · · Score: 1

      or to slashdot - mercilessly hammer inadequate servers and/or bandwidth with requests from millions of people who should be working instead of reading /.

    13. Re:as in... by Walterk · · Score: 1

      I say it's a mortal sin whereever you are. If I order a coke, I want coke damnit!

    14. Re:as in... by etcpasswd · · Score: 1

      Not in India. To "xerox" is more readily understood than "to photocopy".

    15. Re:as in... by bryane · · Score: 1

      As in "slash-dotted", right? Perhaps someone missed the mark when not making Slashdot a trademark. Such a shame. Now anyone can say their site was slashdotted because everyone googled for the same thing.

  4. Who cares. by Anonymous Coward · · Score: 2, Funny

    I'm going to go and google myself until this blows over. Don't worry, I won't google on the carpet.

    1. Re:Who cares. by Anonymous Coward · · Score: 0

      It's OK, we could just hoover it up.

    2. Re:Who cares. by Anonymous Coward · · Score: 0

      You can google yourself? Wow, you are flexible!

    3. Re:Who cares. by Walterk · · Score: 1

      Don't even think of xeroxing that, or using a klaxon while you do it. ewwww..... and be sure to clean up with a kleenex, or do can you hoover it up?

  5. ok, so he removes it from his lexicon so what? by garcia · · Score: 1, Redundant

    is Google going to stop everyone else from using the seemingly more popular "go google for it"? Wouldn't Google want this sort of publicity? Become a common-place-word?

    Does it hurt Kleenex that people refer to facial tissue as Kleenexes? Yeah, I didn't think so.

    1. Re:ok, so he removes it from his lexicon so what? by Telastyn · · Score: 1

      Actually it really does. Kleenex has lost the ability to copyright/trademark (I never remember which) their name because it's become common usage.

    2. Re:ok, so he removes it from his lexicon so what? by agentZ · · Score: 5, Funny

      If he does remove it from his web site, will it still be available via the Google cache?

    3. Re:ok, so he removes it from his lexicon so what? by Anonymous Coward · · Score: 1, Insightful

      yeah, and just look at all the tissues on the market now fradulently claiming to be kleenex!

      oh, wait...

    4. Re:ok, so he removes it from his lexicon so what? by dzelenka · · Score: 1

      God, somebody mod this up!

      --
      Bah!
    5. Re:ok, so he removes it from his lexicon so what? by GlassHeart · · Score: 2, Insightful
      is Google going to stop everyone else from using the seemingly more popular "go google for it"?

      No, but they have to at least be seen as trying to protect against the dilution of their trademark.

      Wouldn't Google want this sort of publicity? Become a common-place-word?

      If "Google" becomes the common word that means "to search on a search engine", then everybody can and will set up "google engines". That can confuse people, and allow competitors to ride on the marketing and popularity of Google. I remember an advertisement from Xerox that pleaded for people to use "photocopy" instead of "xerox", for the same reason.

      Worse, when it stops being a trademark, the company loses control over the meaning of the word. Over time, "microsoft" can become "mean and ugly", and the original trademark holder will have to suffer the connotation or change names.

    6. Re:ok, so he removes it from his lexicon so what? by Lemmeoutada+Collecti · · Score: 2, Funny

      Maybe we should all UPS them a letter of complaint. I'll just run down and xerox off a few hundred copies, duck tape them in manilla envelopes, and we can let them know how postal we feel about this. After all, verbizing is the band-aid we use to keep our language bounty fresh.

      Anyone else think of any?

      --

      You can have it fast, accurate, or pretty. Pick any 2.
    7. Re:ok, so he removes it from his lexicon so what? by jeffy124 · · Score: 4, Informative

      actually, the c&d letter alternatively asked him to note that "Google" is a of Google Technology Inc. Which is what he appears to have done.

      Naturally, the submitter above chose to ignore that and focus on the "please remove" part of the letter.

      --
      The One Rule Of Chess You'll Ever Need: Don't play someone who carries a kit in their bookbag.
    8. Re:ok, so he removes it from his lexicon so what? by fishbowl · · Score: 1, Offtopic

      "Kleenexes"

      Well, if you believe Latin is truly dead and not merely resting, you're correct. OTOH, if you believe that Latin is still evolving...

      Kleenex looks like it should either be a feminine
      third declension noun, like "codex" becomes "codices"

      kleenex, kleenicis, kleenici

      or masculine, like rex

      kleenex, kleenegis, kleenegi

      And before anyone jumps down my throat about it, the plural of thermos is thermoi. (Greek, not Latin).

      --
      -fb Everything not expressly forbidden is now mandatory.
    9. Re:ok, so he removes it from his lexicon so what? by HiThere · · Score: 1

      You mean as in "He was so microsoft that I threw him out."?

      Of course, I might do that to a visitor who was merely proselytizing...

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    10. Re:ok, so he removes it from his lexicon so what? by davmoo · · Score: 1

      Of course the original submitter forgot to mention the "or note our trademark" part. After all, this *IS* Slashdot...what do you expect, impartiality and complete honesty?

      --
      I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
    11. Re:ok, so he removes it from his lexicon so what? by platypus · · Score: 1

      actually, the c&d letter alternatively asked him to note that "Google" is a of Google Technology Inc. Which is what he appears to have done.

      Wow, someone mod the parent up, since it gives a whole new spin to the whole letter. If we substract the lawyer speak, the letter basically signals "please add a small note, or we'll have to hurt you". It just saves time because they show the potential consequences upfront.

    12. Re:ok, so he removes it from his lexicon so what? by cicho · · Score: 1
      --
      "Only the small secrets need to be protected. The big ones are kept secret by public incredulity." - Marshall McLuhan
    13. Re:ok, so he removes it from his lexicon so what? by dissy · · Score: 1

      > You mean as in "He was so microsoft that I threw
      > him out."?

      Was thinking more along the lines of
      "Damn RedHat, they are 8.0 is so microsofted!"
      Which is almost universially reconized as meaning 'bloated and filled with crap an OS shouldnt have' :)

    14. Re:ok, so he removes it from his lexicon so what? by cicho · · Score: 1

      You're makling good points, esp. about how competitors would be tempted to use the term deceptively. But it's water under the bridge now. The linguistic fact is people are using "to google" as a generic verb meaning to search [or: to find] stuff on the net.

      WordSpy is simply recording the usage, much like Wired's Jargon section does, or like ESR's Jargon File, or like OED always has. Threatening legal action against a lexicographer is really dumb. The lexicographers didn't invent the word, nor are they promoting its usage.

      What WordSpy could do - what I would do in their place - is to add a footnote to the entry, viz. "Capitalized, the term is a trademark of Google. The company discourages generic use of the word" or such.

      --
      "Only the small secrets need to be protected. The big ones are kept secret by public incredulity." - Marshall McLuhan
    15. Re:ok, so he removes it from his lexicon so what? by xigxag · · Score: 1

      Kleenex has lost the ability to copyright/trademark (I never remember which) their name because it's become common usage.


      This is patently false.

      --
      There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
    16. Re:ok, so he removes it from his lexicon so what? by MrLint · · Score: 1

      that C&D letter seems to be rather odd. no law firm, no postal address, not a form letter. If one wants a letter of this nature to be taken seriously and to have the appearance of validity a 'missive' that this one appears to be, doenst cut it, as compared to the mounds of other c&ds we have seen before.

      As its been done elsewhere in this discussion, reporting on the state of the language is not a trademark violation. They are just gonna have to suck it up.

    17. Re:ok, so he removes it from his lexicon so what? by benzapp · · Score: 1

      If "Google" becomes the common word that means "to search on a search engine", then everybody can and will set up "google engines". That can confuse people, and allow competitors to ride on the marketing and popularity of Google. I remember an advertisement from Xerox that pleaded for people to use "photocopy" instead of "xerox", for the same reason.

      Of course, if you read the article, you would see that this very example you cite is discussed to the exact opposite point. Having a dictionary document the use of this verb in the english language is entirely different from competitive corporations using in their advertisements or documentations.

      You will notice that Xerox is in fact included in the dictionary. Even today I hear old folks using the term. Xerox tried to claim the use of the verb form of its name was a trademark infringement, and they failed.

      --
      I don't read or respond to AC posts
    18. Re:ok, so he removes it from his lexicon so what? by Walterk · · Score: 1

      How about "Damn redhat their 8.0 is so microsofted, it bsods so easily"?

    19. Re:ok, so he removes it from his lexicon so what? by bafu · · Score: 1

      WordSpy is simply recording the usage, much like Wired's Jargon section does, or like ESR's Jargon File, or like OED always has.

      Back in 1999 we got a threatening letter from a Binney & Smith lawyer (Kevin S. Cavanaugh, who was apparently a busy boy at the time) about an HTML-ized copy of the Jargon File we have (because of the crayola books and crayola entries. IIRC, he also highlighted the mention of Crayola in the crayon entry). The letter claimed that the "use of Binney & Smith's intellectual property in your web site" is "likely to confuse consumers as to the source or sponsorship of your products/services." It further stated that "your use also violates unfair trade practice laws." (they would have to be very unfair laws, indeed ;-) )

      Of course, we weren't using the term "crayola" in connection with any of our "products/services", so there was no opportunity for confusion on the part of consumers. On top of that, the terms had been part of the Jargon File for over 10 years prior to that (and, I would imagine, in the three printed editions of the Jargon File that were published during that time). And, surprise surprise, they still are part of the Jargon File today.

      I dunno why companies let their lawyers loose on search engines... it only makes the company look like clueless idiots on the net. What is especially surprising, in this case, is that it shows that even Google has left themselves open to the typical PR damage that a "googling" lawyer can inflict on his employers.

    20. Re:ok, so he removes it from his lexicon so what? by SEE · · Score: 1

      "Does it hurt Kleenex that people refer to facial tissue as Kleenexes?"

      Yes. Just because you're ignorant of a problem doesn't mean one doesn't exist.

      To keep the trademarks to Kleenex, Velcro, and Xerox, the owning companies have to spend millions of dollars each year sending cease & desist letters to those who use the terms in print to mean "facial tissues", "hook-and-loop fasteners" and "photocopy". If they didn't, they'd lose their trademark, and competing companies could, for example, sell a "Canon Xerox Machine"

      If Google does not send C&D letters to stop genercization of "google", then Microsoft could launch a search engine named, for example, "Microsoft Google", and Google wouldn't be able to stop them.

  6. you can't claim proprietary rights to a verb. by Whitecloud · · Score: 1

    But you CAN claim proprietary rights to a noun such as your name, in this case: google. Still, its a bit silly to try and turn back the clock, using 'google' as a verb is surely free marketing for an already highly successful business. Oh to have MY companies name used as verb!!

    --

    Do you need a website upgrade?

    1. Re:you can't claim proprietary rights to a verb. by furiae · · Score: 3, Insightful

      Well, given that Google is an invented word, Google can are quite within their rights to claim common-law trademark rights to it - just like Coke, Kodak etc. (in fact looking at their homepage they seem to have filed for a trade mark for the word).

      The reason why they don't want it genericised is that once that happens, they lose any proprietary rights in the word "Google" and any other party can use it at will. So, it's not really surprising at all that they are trying to prevent someone adopting it in a lexicon.

      The same thing happened with Rollerblades, Thermos, Hoover etc etc.

      The perils of a too popular Trade Mark! It may be free marketing, but they lose any rights to the name if/once it is 'adopted' into the language.

    2. Re:you can't claim proprietary rights to a verb. by Anonymous Coward · · Score: 0

      This is true ... but you CAN'T claim rights to an improper noun, in the case of specific corporations versus nominal usage. If your company was named "Zebra Stripes" for instance, you could claim a trademark and all restricted rights for that name and your corporation, but for you to sue someone over using it in the context of "zebra stripes", which might sound incredibly ludicrous, but then again, it makes sense. (This is explained in US patent law provisions ... strangly so, but people who typically apply for patents also apply for rights to the proper version of their "name").

      And for those chaps at Google, I think we should all send them emails refering their namesake to the nazi's at microsoft. And no, don't call me any of those derogatory words for racist, i said nazi, not Nazi ;)

    3. Re:you can't claim proprietary rights to a verb. by jayayeem · · Score: 1

      If you don't stop using Google as a verb, I'm going to windows you. Then microsoft you while you aren't looking.

      Java you!

      --
      I metamoderate, therefore I am
  7. Makes Sense by Anonymous Coward · · Score: 0

    Obviously they have to defend their trademark: Serial #: 76314811 (USPTO.gov)

    If it becomes a common word and then it's not trademarkable and they loose the rights to it. Every company would be doing the same thing in their place. Don't blame Google for good business.

  8. On ER... by $$$$$exyGal · · Score: 1, Redundant
    I heard them use the term 'googling' on ER the other night. That term is definitely part of the "American" language, and noone can do anything about it ;-).

    --sex

    --
    Very popular slashdot journal for adul
    1. Re:On ER... by Anonymous Coward · · Score: 1, Insightful

      So by your definition, a word is part of 'the "American" language' if it's used once on television.

      That's a sad, sad commentary on the state of our society and our culture.

    2. Re:On ER... by Politburo · · Score: 1

      Read what she said. She said she heard it on TV (as did I), then she said it is part of American language. She never said it was part of American Language *because* it was on TV.

    3. Re:On ER... by Lord+Ender · · Score: 2, Interesting

      A guest on Conan also said he would "google" for something. And Conan didn't act like he was surprised by the word or anything. It is clearly well a part of our language if late shows use it casually.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    4. Re:On ER... by SUB7IME · · Score: 3, Informative

      Of course, 'noone' isn't part of the American language... :-) j/k

    5. Re:On ER... by Alan · · Score: 2, Informative

      ... and on Buffy. More than once I've heard Willow say something about "googling for [insert mystic sounding stuff here]".

    6. Re:On ER... by Anonymous Coward · · Score: 0

      Bloody Americans.

      Did you know that half of all Americans have below-average intelligence?

    7. Re:On ER... by Anonymous Coward · · Score: 0

      Why else then mention that s/he heard it on television? Answer: no reason other than to add weight to the assertion.

      As I said, sad.

    8. Re:On ER... by Anonymous Coward · · Score: 0

      My personal favorite was, "I've googled 'till I can't google no more."

    9. Re:On ER... by Anonymous Coward · · Score: 0

      Dumbass, half of us have an intelligence that is below the median. Learn your terms.

    10. Re:On ER... by Anonymous Coward · · Score: 0

      I just checked. There is no other mention of ER in this slashdot discussion. The moderator that mod'd the parent as redundant is on crack.

    11. Re:On ER... by bmckeever · · Score: 1

      I heard them use the term 'googling' on ER the other night

      That was an ER writer trying to make a character sound cool - did it work?. I have heard only one person use it in spoken communication, and it didn't make him sound cool.

      --
      Your favorite .sig sucks
    12. Re:On ER... by $$$$$exyGal · · Score: 1
      In this particular case, a nerdy guy said it to sound nerdy ;-).

      --sex

      --
      Very popular slashdot journal for adul
    13. Re:On ER... by Anonymous Coward · · Score: 0

      Now, once in a while, a chick will cancel, but when she does she'll make a counter-offer to go out again another time. This at least is better than a straight cancellation without such an offer, but I'd strongly advise against accepting. She could be just throwing you a bone to make you feel better, but even if she isn't, your accepting her offer of doing it another time makes you look too easily available and removes the element of your being a challenge to her. This will make you look much less appealing in her eyes.

      yEEEAAHHH BOOYEEEE... I SAY THAT YOU RAPE THE BYATCCHHH WITH A FOOKIN r@MBO SURVIVAL KN!FE! tH G33KS SHALL ONLY INHERIUT THE EARTH ITF THE GET A HELL OF A LOTY MOT EVI0L3NT!!1 fOOOOK SH!T UP!!! sM@SH THE ST@YTE! l!ST3N T0 @ L0T OV rUD!M#NT@RY PEN! AND SM@SH SH!T UP! tH@! G33KS HAVE NPT DONE SO WELL IN C EARRYING THE 1980'S HACKER/PHR3@K TRADITION VERY FEAR! tURNED INTO A BUNCH OF rms WORSHIPPING FHAGGXS YU 'AVEW! iNSTEAD WORSHIP lI vING! fOOOOK IT @!LLL... )NLY DA'#MB#RS 0F unixpunx WI;; INDERSTAND MY OLDSCH00L S3LF...BR-TECH BASTADZ!PIE LARVAE CAL_

    14. Re:On ER... by Anonymous Coward · · Score: 0

      And you watched your crappy American mindless program because you're a mindless American and you remembered " Hey , that Nerd said Google" .
      Wow, no wonder you want to bomb any other country that does not lower its standards to yours.
      Everyone I know "search" for info using various types of search engines. I'm gonna go nescafe now.

    15. Re:On ER... by gfreeman · · Score: 1

      I have heard only one person use it in spoken communication, and it didn't make him sound cool.


      I wonder if that says more about the people you mix with, than the term "googling" :)

      --
      Ceci n'est pas un sig.
  9. Free Advertising by Anonymous Coward · · Score: 0

    Come on Google! This is free marketing of your product.

    What did Mark Twain say about all the lawyers?

    1. Re:Free Advertising by jimbublitz · · Score: 1

      I don't know what Mark Twain said, but Shakespeare said: "The first thing we do, let's kill all the lawyers." [Henry VI, Part 2]

      Ironically, I found the reference by googling.

  10. trademarked? by kazad · · Score: 2, Insightful

    This is interesting. Is google a trademark? Is it in sufficient common usage to be acceptable (I.e. coke for any soda down in the south, xerox for generic photocopy, kleenex for a tissue).

    Although in this case, googling something means going to google, and not a generic search.

    1. Re:trademarked? by Anonymous Coward · · Score: 0

      This is exactly why Google has taken this kind of action, they don't want it to become the verb for generic websearching.. they want it to be the word for searching on Google

      But if the Xerox case is anything to go by...

  11. Lets make Google a pejorative instead. by Kenja · · Score: 5, Funny
    Lets make Google a pejorative instead.

    I need to take a google.
    He's a total google.
    What a google.

    Seems to work.
    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    1. Re:Lets make Google a pejorative instead. by Anonymous Coward · · Score: 0
      you forgot your links:

      I need to take a google.
      He's a total google.
      What a google.

    2. Re:Lets make Google a pejorative instead. by Anonymous Coward · · Score: 0

      That's some high quality ninja-linking. Good job.

    3. Re:Lets make Google a pejorative instead. by bobdotorg · · Score: 5, Funny

      Lets make Google a pejorative instead.

      I need to take a google.
      He's a total google.
      What a google.


      Well, right now I'm about to stop slashdotting and take a massive lawyer.

      --
      __ Someday, but not this morning, I'll finally learn to use the preview button.
    4. Re:Lets make Google a pejorative instead. by steve_l · · Score: 4, Funny

      or use the law to water down other trademarks.

      microsoft. v.
      1. To write bad quality code.
      "I was too hungover to write quality code, so I microsofted all day instead"

      2. to crash without warning
      "My car was playing up; it microsofted twice on the way in"

    5. Re:Lets make Google a pejorative instead. by Guppy06 · · Score: 1

      Smurfy!

    6. Re:Lets make Google a pejorative instead. by Snoopy77 · · Score: 1

      However it's adverb form may take on an extra meaning.

      microsoftly adv.
      1. With much energy and no rythm
      "The monkey danced microsoftly"

      --
      "She's a West Texas girl, just like me" - G.W Bush Iraqis
    7. Re:Lets make Google a pejorative instead. by Alien+Being · · Score: 1

      "The monkey danced microsoftly"

      Oh, a ballmer.

    8. Re:Lets make Google a pejorative instead. by DreamingReal · · Score: 1

      Rolling on the floor! Thanks for the great comment!

      --
      We want some answers and all that we get
      Some kind of shit about a terrorist threat

      - Ministry
  12. To Google, To Xerox... by ackthpt · · Score: 2, Informative

    Back in the day, Xerox fought the use of 'xerox' as, to 'xerox' something being equivilent to photocopying. They had a point, same as Google does, to prevent watering down their trademark.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:To Google, To Xerox... by retards · · Score: 1

      ... and that point is that Trademark == good, Free Speech == bad? You can't talk about our product, you can only buy it!

      Isn't trademark infringement an issue only if the products are related?

    2. Re:To Google, To Xerox... by blink3478 · · Score: 1


      Honestly, I wonder if this really 'waters down' their trademark.

      In this era of clamoring for eyeballs, media whoring and 'there's no such thing as bad publicity', you would think that a company product that replaces the generic would be the pinnacle of marketing.

      Wouldn't Nike be be happy as a clam if 'Nikes' came to mean 'shoes'?

    3. Re:To Google, To Xerox... by ackthpt · · Score: 2, Interesting
      Honestly, I wonder if this really 'waters down' their trademark.

      Please consider the fate of Hormel and their product: SPAM

      There ya go.

      --

      A feeling of having made the same mistake before: Deja Foobar
    4. Re:To Google, To Xerox... by cpt+kangarooski · · Score: 1
      Wouldn't Nike be be happy as a clam if 'Nikes' came to mean 'shoes'?


      Actually they'd be livid. Because then anyone could use it. Such as Reebok-made Nikes. Trademark holders really hate it when people use the word that they popularized to refer to other people, particularly if they don't get paid for it.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    5. Re:To Google, To Xerox... by ackthpt · · Score: 1
      Wouldn't Nike be be happy as a clam if 'Nikes' came to mean 'shoes'?

      Actually they'd be livid. Because then anyone could use it. Such as Reebok-made Nikes. Trademark holders really hate it when people use the word that they popularized to refer to other people, particularly if they don't get paid for it.

      Indeed. This is why Lego insists on their blocks be refered to as "Lego Brand Building Blocks", not, "Legos"

      Another company which has fought the colloquialization of their trademarks is Coca-Cola. Don't say 'cokes' unless you mean it in front of some of their guardians. It's not all that unusual for companies which enjoy, yet battle the problems of, name recognition. Frequently issuing letters to wayward publications and broadcasters on properly refering to their brand and the fate that awaits them if they continue unapproved behavior. Pick your battles, as they say, don't get stuck defending your right to use 'xerox' or 'google' as a verb, when you may need the resources for other useful things

      --

      A feeling of having made the same mistake before: Deja Foobar
  13. trademark by Anonymous Coward · · Score: 0

    Sounds like they're just trying to avoid losing a trademark on their name through common usage, a la Xerox.

  14. What they're scared of... by Schnapple · · Score: 3, Informative
    ...is that it becomes a term, and they lose their trademark on it. For example, Thermos is a noun but it used to be a trademark of the Aladdin corporation.

    Google is just fine with Josh on The West Wing telling Donna to "go Google it", but they're terrified once it goes into print.

    What I wonder is this - did Google ever just ask the site to take it down nicely? Did they just go straight to the cease-and-desist order? And if they did, is this for some indisputable legal "we'll look like dicks, but..." reason? I'd hate to see a chink in the "we're all for them" online armor they have right now.

    1. Re:What they're scared of... by QuickSilver_999 · · Score: 1

      They'd better have a read of Gibson's new "Pattern Recognition" novel. He's googling all over in that book.

      --
      - No matter how subtle the wizard, a knife between the shoulder blades really cramps his style.
    2. Re:What they're scared of... by syates21 · · Score: 2, Insightful

      Did you read the friggin letter? How nice do you want them to be?

      Do they have to say, "Pretty please, would you consider potentially editing your reference to our trademark?"

    3. Re:What they're scared of... by Schnapple · · Score: 3, Informative

      Actually I did just read the letter and it says that it needs to take into account the trademark - so "googling" doesn't have to be removed, just amended to note that "Google" is a copyright. And yeah it didn't sound like a cease-and-desist letter in the "little prick" sense of the word.

    4. Re:What they're scared of... by Anonymous Coward · · Score: 0
      For example, Thermos is a noun but it used to be a trademark of the Aladdin corporation.
      The Thermos trademark was not lost! It is still a valid trademark in spite of its common usage as a generic noun. Ditto Kleenex and Xerox. Conventional wisdom fails again!
    5. Re:What they're scared of... by exp(pi*sqrt(163)) · · Score: 1

      It's not just that they are scared. I believe trade maek holders are legally obliged to proactively defend their trade mark.

      --
      Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
    6. Re:What they're scared of... by Schnapple · · Score: 1

      my bad, Dictionary.com says "Originally a Trademark" - which I took to mean "used to be a trademark".

    7. Re:What they're scared of... by Anonymous Coward · · Score: 0

      Not your bad. That's exactly what it means. You've been trolled by that AC.

    8. Re:What they're scared of... by k12linux · · Score: 1
      What I wonder is this - did Google ever just ask the site to take it down nicely? Did they just go straight to the cease-and-desist order?

      Sure it would be great if everybody would "ask nicely first" instead of going right to legal papers, but a polite phone call doesn't leave a trail. Sending the C&D leaves a nice paper trail you can point to later in court as efforts to enforce your trademark.

      So I would say it probably wasn't a matter of being mean or vindictive or being "dicks." It was probably something they had to do. It would still be cool to find out that a friendly call was made explaining why the C&D was in the mail.

    9. Re:What they're scared of... by Guppy06 · · Score: 3, Funny

      "For example, Thermos is a noun but it used to be a trademark of the Aladdin corporation."

      Who, in turn, were sued by Shahrazad violating one of her trademarks...

    10. Re:What they're scared of... by Anonymous Coward · · Score: 0

      just amended to note that "Google" is a copyright

      For fucks sake. If you are completely and utterly ignorant of the topic at hand, how about restraining yourself from commenting on it? Copyright law is completely different to trademark law. You are saying something like "My documents are all saved in the Microsoft format." It just makes you look utterly ignorant.

  15. And Kleenex... by warpath · · Score: 1

    ...should sue people who refer to tissue as "Kleenex" unless they specifically mean that brand! Who needs mindshare anyway?

    1. Re:And Kleenex... by Anonymous Coward · · Score: 0

      Kleenex?

      You mean belly wipes?

      F. Hollins

  16. Well... by Meat+Blaster · · Score: 1

    Whether or not you can secure rights to a verb, you have to make an effort to stop dilution of your intellectual property if you want to keep it. Google is just protecting their turf.

  17. Just a guess, but.. by kafka93 · · Score: 3, Insightful

    .. it seems reasonably likely to me that 'Google' is constructed from 'go ogle'. If this is indeed the case, it seems especially hypocritical to be trying to defend from 'verbing' a trademark that is itself derived from a verb.

    If I'm completely wrong, then.. well, this still sucks. This kind of behaviour inevitably leaves a bad taste in people's mouths -- a real shame, since Google's been doing a lot of things reasonably well..

    1. Re:Just a guess, but.. by Svet-Am · · Score: 1

      very VERY good point. Kudos to you...

      --
      [move .sig! for great justice, take off every .sig!]
    2. Re:Just a guess, but.. by DunbarTheInept · · Score: 1

      No, Google is a reference to the number 1 followed by 100 zeros, which is called "google". It was meant to be a reference to the massive size of the undertaking - making a complete working catalogue of the internet.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    3. Re:Just a guess, but.. by Zathrus · · Score: 1

      it seems reasonably likely to me that 'Google' is constructed from 'go ogle'

      Except that it's not. Although I question the spelling of the source word "googol -- it apparantly has a mathematical background, but I was aware of the terms "google" and "googleplex" for "an absurdly large number" long before Google came about. I suspect my source is indeed HHGTG, since I read it at an early age. Repeatedly.

      Google is between a rock and a hard place, as Xerox, Kleenex, and many others have been. Part of the danger of becoming immensely successful is the loss of trademark if it becomes a household term. And while they may be able to succeed in the courts here, the reality is that it is a household term now and is being used as such.

    4. Re:Just a guess, but.. by Anonymous Coward · · Score: 0

      Actually, that's spelled differently - googol I believe.

    5. Re:Just a guess, but.. by eMilkshake · · Score: 1

      A google is 10^100.
      A googleplex is 10^google.
      These were number terms before the search engine existed. The connotation is obvious.

    6. Re:Just a guess, but.. by aminorex · · Score: 1

      You're thinking of a googol, log10(googolplex).

      --
      -I like my women like I like my tea: green-
    7. Re:Just a guess, but.. by l00sr · · Score: 1

      Actually, "google" is just "googol" spelled incorrectly.
      Wish I could google a better link...

    8. Re:Just a guess, but.. by Anonymous Coward · · Score: 0

      No shit, but he said it was a REFERENCE to googol. Which it is, if you read about it on Google's site.

  18. not surprising. by diablochicken · · Score: 1

    This is almost to be expected; companies need to actively protect their trademarks lest they lose their rights to them. If a word falls into common usage and no longer represents a brand, but a category of product (a la aspirin), they will have their trademark taken away. Lawsuits are the best tool companies have for this sort of thing.

  19. How about to Oogle by Gortbusters.org · · Score: 1

    I know many people who "oogle" things online, it involves searching and 'one-handed typing.'

    --
    --------
    Free your mind.
  20. de facto by entr00pi · · Score: 2, Insightful

    and this is a bad thing how?

    courtesy of http://www.m-w.com:

    Main Entry: xerox
    Pronunciation: 'zir-"äks, 'zE-"räks
    Function: transitive verb
    Etymology: from Xerox
    Date: 1965
    1 : to copy on a Xerox copier
    2 : to make (a copy) on a Xerox copier

    1. Re:de facto by Anonymous Coward · · Score: 0

      Oh. I make on Xerox copiers all the time. Oh, you meant make copies.

    2. Re:de facto by Anonymous Coward · · Score: 0

      Google won't mind a definition - google - to search on google. Thht is OK. The moron in question wants to define it as a *generic* word for search.

    3. Re:de facto by SoupIsGoodFood_42 · · Score: 1
      Because in reality it means:

      1 : to copy on a photocopier (mainly in the USA)
      2 : to make (a copy) on a photocopier (mainly in the USA

      Hypothetical situation:
      It's possable for Joe Manager to say "we need a new Xerox machine, the old one just craped out" and have a Canon photocopier sitting in it's place the next day.
      Even if Joe Manager had acctualy ment to try and get a Xerox brand photocopier, the fact that someone got a differnt brand probably wouldn't suprise him, and he probably wouldn't care.

  21. Better not "xerox" the cease-and-desist letter! by ThinkingGuy · · Score: 1

    Sorry, couldn't resist.

    1. Re:Better not "xerox" the cease-and-desist letter! by cornjchob · · Score: 1

      If someone xeroxs the cease-and-desist letter, they'd better have some kleenex's on hand for when the lawyers finish raping their assets.

      --
      We now have confirmed reports from an informed Orange County minister that Ethel is still an active communist.
  22. Wow by Anonymous Coward · · Score: 0

    Now that's hardcore. Suing the dictionary.

    (yeah i know the guy they are sending that to isn't the dictionary, but it just doesn't have the same ring to it)

  23. Mostly Valid by petronivs · · Score: 1

    This isn't all that bad, as long as Google stops after he put in the trademark mention. That's just being legally consistent. If I had a trademark on something, I'd want people to respect it too.

    Btw, I didn't know "googling" also applied to internet searches in general. I don't refer to a Yahoo! search as googling. (Well, at least not any more, since Yahoo! quit (publicly) using the Google engine.)

    --
    This is the real signature
    (Beats those shadows on the cave wall, don't it?)
  24. Who cares about google... by josh+crawley · · Score: 5, Funny

    What about Slashdotting?

    Come on Timothy, we know what you're thinking ;-)

    1. Re:Who cares about google... by iggymanz · · Score: 5, Funny

      In related news, the Root Directory and the Current Directory of Unix(tm) have sent a cease and desist letter to the site slashdot.org....

  25. "Verbing weirds Google?" (Trivia!) by neuro.slug · · Score: 2, Informative

    Might the title have been taken from that one Calvin and Hobbes comic strip where Calvin talks about how he likes to verb words? One of the last lines is "Verbing weirds language"

    Hmm. Just curious.
    **Admits to being a total C&H fanatic**

    -- n

    1. Re:"Verbing weirds Google?" (Trivia!) by Anonymous Coward · · Score: 0

      That was my first thought too! The first thing I did in this thread was cmd-f for 'Calvin' to see if anyone else caught it. I salute you.

    2. Re:"Verbing weirds Google?" (Trivia!) by Anonymous Coward · · Score: 0

      Dude i thought i was the only one that got that, Calvin and Hobbes rocks.

    3. Re:"Verbing weirds Google?" (Trivia!) by Anonymous Coward · · Score: 0

      haha, me too. As soon as I read this I searched for Calvin to see if anybody else posted about it. Sure enough somebody had :)

      Were they playing in the snow in this strip where he says this?

  26. Smurf! by xSterbenx · · Score: 1

    -- wonders if Papa Smurf will get sued now for using 'smurf' as a verb? I smurfed the web!

    1. Re:Smurf! by Eberlin · · Score: 1

      Dude, that's pretty smurfed up right there.

      Anyhoo, if I am writing a post on web searching, is the present progressive form spelled "googling" or "googleing?" Last thing I need is to have incorrect spelling on slashdot. :)

  27. speaking of googling by AssFace · · Score: 1

    I just googled all over my keyboard.

    someone hand me a towel.

    --

    There are some odd things afoot now, in the Villa Straylight.
    1. Re:speaking of googling by cornjchob · · Score: 1

      Not a kleenex?

      --
      We now have confirmed reports from an informed Orange County minister that Ethel is still an active communist.
  28. We are ahead of Google here by Anonymous Coward · · Score: 0

    Hasn't the term "slashdotting" been around for a longer period of time?

  29. So does this mean....? by Anonymous Coward · · Score: 0

    that I can say ANYTHING AT ALL, as long as I use it in the form of a verb? muwhahahahhaha

    1. Re:So does this mean....? by Anonymous Coward · · Score: 0

      Sure I've been microsofting my kernel all day. It needed a good C#ing to because it was released under the GPL. I'm just .NETing the benefits now having IIS'ed and Gate_ed it into a steaming pile of Ballmer.

      Oh dear the last one wasn't a verb, I'll probably get RIAAed of someone for that.

  30. The tide has turned! by Ars-Fartsica · · Score: 1
    Google has officially crossed the line from cool geek toy to hated corporation. When exactly did this happen? The slashdot postings appear to have turned in the last month, following the typical trend curves that dictate that early adopters turn their noses up at anything co-opting by the masses.

    The Slashdot corporate karma quotient is becoming a contrary indicator for fiscal success. The more hated you are by Slashthought, the more succesful you will likely be. Someone should try a mutual fund predicated on this.

    1. Re:The tide has turned! by killmenow · · Score: 1
      When exactly did this happen?
      The same moment BSD died.
    2. Re:The tide has turned! by schmink182 · · Score: 1
      The more hated you are by Slashthought, the more succesful you will likely be.

      Yes, just like how the RIAA is so successful. Oh wait...

    3. Re:The tide has turned! by Anonymous Coward · · Score: 0

      Read the letter. It is the most polite C&D letter ever!

  31. We've seen this before. by dan+g · · Score: 5, Funny

    Looks like Google is Amazoning WordSpy.

    1. Re:We've seen this before. by xigxag · · Score: 1

      That's all right. Frank Abate's response was EFFing great!

      --
      There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
  32. To `cat decss.c` by Anonymous Coward · · Score: 0

    Now that's an angle I hadn't thought of - is using the DeCSS source code as a verb protected speech?

  33. The English Language has nouns as well! by TheRaven64 · · Score: 1, Informative

    1. The English language has a verb, google. It is new, but it is in widespread use, and this can be documented.

    The English language has a noun, google, as well. It means 10^100, and has been around longer than Google (the trademark). I wonder if they want to have this use removed from the dictionary as well?

    Seriously though, what is their problem? Every time someonw says 'to google' instead of 'to search' it is re-enforcing the idea that using Google is the same as searching, and this is the very best for of viral marketing they can have. Imagine if Hoover objected to people referring to operating a vacuum cleaner as 'hoovering'.

    --
    I am TheRaven on Soylent News
    1. Re:The English Language has nouns as well! by Anonymous Coward · · Score: 0

      Hey dipshit: googol is 10^100 not "google".

    2. Re:The English Language has nouns as well! by Anonymous Coward · · Score: 0

      Please note that the spelling of the number is 'googol.'

      Thank you.

    3. Re:The English Language has nouns as well! by spells · · Score: 1

      You would think it was an advantage, but apparently companies complain because when a term becomes generic it is no longer affiliated with the proper Brand. In Canada, the three most obvious I can think of are Coke, Kleenex and Band-aid. I could care less what sort of adhesive bandage I get when I ask for a band-aid. In fact I had to look at the box to discover that they are "adhesive bandages". BTW I had never heard of hoovering until I went to New Zealand, and the Kiwis thought I was nuts when I asked for a Kleenex instead of a tissue.

    4. Re:The English Language has nouns as well! by MxTxL · · Score: 1

      It is great marketing... and i'm sure that they are thrilled that it's becoming a common term. But there is legal precedent (from xerox and kleenex, asprin and the like) that if you don't protect your trademarks now and then, you lose them. When you lose your trademark, anyone can then use the name.

      While it is great mindshare to have everyone googling for information it's only cool when you are the only site named Google. If Google loses their trademark and now Bob's Search Engine gets to call itself 'google'.... well, that sucks for the real Google. I'm sure they don't want that. Now if they rattle a few sabres now and again, protect their trademark... it can still be a popular term, but they get to be the only ones who benefit from it.

      Which, isn't so bad... afterall, they DID make the term popular and they DO have the bomb search engine that everyone is really talking about when they say 'google'.

    5. Re:The English Language has nouns as well! by Theaetetus · · Score: 4, Interesting
      The English language has a noun, google, as well. It means 10^100,

      Sorry, no - the noun is googol.

      "Google" comes from a pun on googol and a contraction of "Go ogle".

      -T

    6. Re:The English Language has nouns as well! by ninewands · · Score: 1
      Quoth the poster:
      But there is legal precedent (from xerox and kleenex, asprin and the like) that if you don't protect your trademarks now and then, you lose them.

      You might want to add to your statement, above, that Kleenex(TM) is a registered trademark of the Kimberley-Clark Corporation and Xerox(TM) is a registered trademark of Xerox Corporation. The only one of the three trademarks you mention that has become unenforceable for having been allowed to become generic through a failure to defend is "aspirin" (formerly a registered trademark of Bayer AG). In fact, if you had ever seen one of them either a Kimberley-Clark OR a Xerox C&D letter would make the letter in this case seem to read like "It's okay to use the verb form of our trademark on your website, but would you 'pretty please' make sure you identify it as our trademark? Thanks a bunch, (signed)Your buddies at Google(TM)'."
    7. Re:The English Language has nouns as well! by uberdave · · Score: 1

      Toss in Baggies, Beer Nuts, Cuisinart, Fig Newtons, Jeep, Jell-O, Jockey Shorts, Kitty Litter, Levi's, Life Savers, Mace, Magic Marker, Novocain, Ping-Pong, Polaroid, Popsicle, Post-it Notes, Q-Tips, Rollerblade, Scotch Tape, Styrofoam, Technicolor and Vaseline. Oh, and don't forget celluloid, corn flakes, cube steak, dry ice, formica, heroin, kerosene, lanolin, linoleum, linotype, milk of magnesia, mimeograph, pogo stick, raisin bran, shredded wheat and trampoline. And if you don't mention thermos, escalator, cellophane and yo-yo, I won't either.

    8. Re:The English Language has nouns as well! by Anonymous Coward · · Score: 1, Funny
      a contraction of "Go ogle".

      So Google was originally intended to be a porn search engine? :)

    9. Re:The English Language has nouns as well! by cyril3 · · Score: 1

      How could you forget Asprin, the brand that started it all

    10. Re:The English Language has nouns as well! by AlexCV · · Score: 1

      Or, as Larry Page (that's the right guy right? I can only remember Serguey Brin for sure) said, google was a typo and googol.com was already taken so it all worked out in the end. Furthermore, most people think it's really google and not googol.

      Alex

    11. Re:The English Language has nouns as well! by SoupIsGoodFood_42 · · Score: 1
      A lot of them seem to be mainly American. The others like corn flakes, rasin bran, shredded wheat are too descriptive of the product. The only ones I'm familiar with are styrofoam, thermos, escalator, cellophane, yo-yo, pogo stick, Polaroid, Popsicle, linoleum, kerosene, trampoline, Jeep.

      Anyway. Some people may have had their trademark diluted. But why should that prevent Google from trying to keep theirs?

    12. Re:The English Language has nouns as well! by Anonymous Coward · · Score: 0

      Your wrong its not Google but googol

    13. Re:The English Language has nouns as well! by uberdave · · Score: 1

      Because they are going after the wrong target. The guy is just reporting that people are using the word "google" as a term for searching the web. It's like the police arresting the person who dialed 911, instead of arresting the people committing the crime.

    14. Re:The English Language has nouns as well! by SoupIsGoodFood_42 · · Score: 1
      But in doing so, he's made it "official" if you like. It's hard to stop casual talk. Infact, I'm sure that must be protected by freedom of speech. But this guy is putting it down as a dictionary deffinition.

      I'm not sure if he has to remove the entry anyway. Just make note that it's also a trademark of Google.

  34. What the fux happended to "Dont Be Evil"!!!? by s88 · · Score: 1

    Give me a friggin break. This is good publicity for them. What could possibly make this a matter of "not being evil"?

    When people say to Google they mean search with Google...not "Internet search."

    Scott

    1. Re:What the fux happended to "Dont Be Evil"!!!? by jcast · · Score: 1

      No, it's not. Word Spy says ``such as google.com'', not ``google.com''. Which means that neither do they mean ``search with Google'' nor are they helping google---thy're actually helping to dilute the trademark and hurting everyone else (except google's competitors, of course).

      --
      There are reasons why democracy does not work nearly as well as capitalism.
      -- David D. Friedman
  35. A new verb... by elflet · · Score: 1

    Sugle (soo-gil) v. To litigate against anyone else who uses the name of your product or service as a verb. (Alt. form: "Sooooooogle")

  36. Don't beat google up by ygbsm · · Score: 1

    IANAL, but my understanding of trademark law is:
    <ul>
    <li>you can't trademark normal words (hence they made up google
    <li>you have to protect you trademark or you lose it (Kleenex brand facial tissue, not a kleenex)
    <li>the only real source of revenue available to a company like google is eyeballs and brand, they HAVE TO PROTECT IT OR THEY LOSE IT
    </ul>

  37. Obligatory Simpsons Rip-off by Foxxz · · Score: 1

    What happened to you google? You used to be cool.

    Google still cool! You keep verb! You keep verb!

    -Foxxz

    1. Re:Obligatory Simpsons Rip-off by Anonymous Coward · · Score: 0

      For when Google fails you, and you need to indicate that YES, I already tried that, so NO, I'm not just lazy:

      The Google, it does nothing!

  38. Trademarks and loss of trademarks by jd142 · · Score: 5, Insightful

    *If* Google wants to keep their trademark, and there are good reasons for them to do so, then this is exactly what they need to do, whether you like it or not.

    Many products have lost their trademark through changes in the language. Aspirin used to be a trademark. Everyone else had to sell "headache powder" or something similar. Now, aspirin is a generic term. Something similar is happening now with Kleenex, Post-It Notes, and White Out.

    The question you should ask yourself is: Is it right for there to be a website that calls itself "Google: by Microsoft"? Because if Google looses its trademark, there's nothing to stop Microsoft from producing its own google. Just like there is now Bayer aspirin, St. Joseph's children's aspirin, etc.

    So if Microsoft's google is ok, then Google is wrong. But if you don't want Microsoft to have the ability to rebrand MSN Search as Microsoft's Google, then Google needs to do this.

    1. Re:Trademarks and loss of trademarks by Anonymous Coward · · Score: 0

      bayer lost the trademark to asprin after WW1

    2. Re:Trademarks and loss of trademarks by Daniel+Dvorkin · · Score: 1

      "Aspirin" is a special case. IIRC, it used to be an acknowledged trademark in the US -- but that trademark was owned by Bayer, which was a German company. When the US entered WW1, in the wave of anti-German sentiment of the time, the US government decided to revoke the trademark protection Bayer (and other German companies? Dunno ...) had enjoyed. So "Aspirin" became a public-domain word in the US. It may still be trademarked in other countries.

      Kleenex, Post-It, and Wite-Out (sic) are still trademarked.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    3. Re:Trademarks and loss of trademarks by EggMan2000 · · Score: 3, Insightful

      Even the threat of legal action won't have any measurable effect, I suspect, and I think that's a good thing.

      The English language is a living, constantly-changing entity. New words and new meanings for established words appear nearly every day. Remember when "gay" meant "happy," or when a "joint" was a saloon? Although this may be a boon to the dictionary-makers (who roll out a new edition every year or so) and a headache for trademark lawyers (who need to take out ads in magazines to get writers not to use product names as verbs), it's evidence that our communication is constantly changing.

      And sometimes it's the words themselves that change, as well as the medium in which they're embedded. Any attempt to freeze words or even to own them is doomed to failure in a vibrant language.

      Besides, it's hard for me to feel sorry for the companies who seem to be a victim of their own success. Although I can certainly appreciate the irony that making something a household word is both a wonderful testament to the power of advertising and at the same time threat to a company's trademark, I am unwilling to turn control of the language over to corporations, courts and lawyers.

      So I'll still do my xeroxing on a Savin machine, thank you very much. And eat generic jello. I may not go rollerblading, but I will use kleenex (even if it's not made by Kimberly-Clark).

      --
      what? what I thought we were in the trust tree in the nest, were we not?
    4. Re:Trademarks and loss of trademarks by FacePlant · · Score: 1
      bayer lost the trademark to asprin after WW1

      When we took it as spoils of war.

      ObMrSmartyPants: Heroin used to be Bayer's trademark name for Diacetyl Morphine. Same war outcome.

      --
      My Heart Is A Flower
    5. Re:Trademarks and loss of trademarks by HuskyDog · · Score: 3, Insightful
      Not relevant!

      If Google was sueing someone for using the word Google in - for example - a novel or film then your argument might be relevant. But someone who compiles a dictionary isn't using the word, they are reporting the fact that other people do so. They are in effect journalists.

      In the same way, it would be illegal to burn down Google's HQ, but they couldn't do anything against journalists who reported that it had happened (assuming their reports were true).

      At the end of the day, all we should conclude is that wealth has turned the guys who run Google into the same sort of offensive facists who run most other corporations. Any sane person would welcome the extra free publicity. And BTW, I don't try any of this "If they don't defend their trademark then the will lose it" tripe. You can only lose your trademark if you don't defend it when it is infringed, failure to defend it when it isn't being infringed (as in this case) is irrelevant!

    6. Re:Trademarks and loss of trademarks by Anonymous Coward · · Score: 0

      looses

      ITS LOSES!!! Why is this so hard?

    7. Re:Trademarks and loss of trademarks by Daniel+Phillips · · Score: 1

      *If* Google wants to keep their trademark, and there are good reasons for them to do so, then this is exactly what they need to do, whether you like it or not.

      Whether Google Inc. likes it or not, "to google" has already become a verb. By leaning on dictionary authors, who must merely document the truth, they can only burn karma, and even so it can only delay the inevitable. Clearly, the correct solution for them is to accept "google" as a word and direct their legal efforts towards defending "Google".

      --
      Have you got your LWN subscription yet?
    8. Re:Trademarks and loss of trademarks by HiThere · · Score: 1

      No, I think that they are probably legally required to protect their trademark. They don't need to be heavy handed about it though. I believe that if they demanded a payment of a penny per year it would suffice. And it would probably suffice if they merely demanded that it not be capitalized, though I'm less sure of that.

      But they do need to do something that is legally recognized as "gaining a consideration" in return for allowing the name to be used, or they need to be rebuffed by the courts (they defended, but it wasn't good enough). I think that they would be better off to get a contract licensing the right to use the word, however.

      (Yes, it's a stupid legal protocol. But I believe that it is the legal protocol.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    9. Re:Trademarks and loss of trademarks by mfrank · · Score: 1

      It's "it's", also :)

    10. Re:Trademarks and loss of trademarks by renard · · Score: 5, Interesting
      *If* Google wants to keep their trademark, and there are good reasons for them to do so, then this is exactly what they need to do, whether you like it or not.

      Apparently you didn't read the linked article (it's okay - not the first time on Slashdot, and won't be the last).

      Verb usage is specifically exempted from US trademark law. So while it is true that Google would have to sue to prevent dilution of its trademark in the case of other "Google sites" or "Google services", when it comes to "googling" (esp. as in the current case, that is, dictionary, word, and usage tracking) they have no legal leg to stand on.

      Google on, friends.

      -renard

    11. Re:Trademarks and loss of trademarks by zurab · · Score: 1

      So if Microsoft's google is ok, then Google is wrong. But if you don't want Microsoft to have the ability to rebrand MSN Search as Microsoft's Google, then Google needs to do this.

      You are right that they risk losing their trademark. Aspirin, nylon, cellophane, thermos, and many others have lost their trademark protection because of this. Xerox, Post-it, Scotch tape, Kleenex, etc. are actively fighting against any such trends by differentiating between thier brand names and common term usage.

      However, most of the actions that Google needs to take are related to educating public and not "amazoning" (from an earlier post) a small-traffic website. Their own website seems like a perfect place to start educating their users.

    12. Re:Trademarks and loss of trademarks by Anonymous Coward · · Score: 0

      So if Microsoft's google is ok, then Google is wrong. But if you don't want Microsoft to have the ability to rebrand MSN Search as Microsoft's Google, then Google needs to do this.
      Not relevant!

      I think he was trying the Johnny Cochrane defence...

      (God I loved that southpark episode!)

    13. Re:Trademarks and loss of trademarks by ericesposito · · Score: 1

      Aspirin is a generic term because US seized all the property of Bayer (a German company) following the US's entrance into World War I. http://webcampus3.stthomas.edu/paschons/language_h ttp/essays/bayer.html

    14. Re:Trademarks and loss of trademarks by Anonymous Coward · · Score: 0

      The Aspirin trademark was not lost through common usage as a generic noun. It was appropriated from a German company after WWI as "reparations". In some countries it is still considered a trademark, e.g. in Canada you don't find aspirin; you find find ASA (acetyl salicilic acid).

    15. Re:Trademarks and loss of trademarks by Anonymous Coward · · Score: 0

      Because if Google looses its trademark, there's nothing to stop Microsoft from producing its own google.
      Surely if it only could be used as a verb without infringement then 'Google: by MS' would still infringe. It would have to be: 'The MS Googling system' which wouldn't be likely to take business away from Google.com.
      Remember how much someone paid for search.com?

    16. Re:Trademarks and loss of trademarks by Elwood+P+Dowd · · Score: 2, Insightful

      At the end of the day, all we should conclude is that wealth has turned the guys who run Google into the same sort of offensive facists who run most other corporations.

      Your comment is insightful like a brick. They are dealing with this in exactly the correct manner, whether or not this is an infringing use of the trademark. They have simply asked this guy to note that Google is a trademark of Google corporation. They did not say, "You cannot call Google a verb." They are not suing. They did not threaten to sue.

      --

      There are no trails. There are no trees out here.
    17. Re:Trademarks and loss of trademarks by Anonymous Coward · · Score: 0
      in Canada you don't find aspirin

      As a generically named drug. You certainly can find Aspirin from Bayer.

    18. Re:Trademarks and loss of trademarks by wfrp01 · · Score: 1

      Right. I don't think this is about trademarks. This is about the way people percieve the word "google". It used to be a really big number. Now it's associated with searching. Maybe google has bigger aspirations, and wants to prevent its name from assuming a definition that limits its applicability to other endeavors. Remember when Amazon just sold books? The great river. The big number. I dunno.

      --

      --Lawrence Lessig for Congress!
    19. Re:Trademarks and loss of trademarks by MilTan · · Score: 1

      I should hope there's Bayer Aspirin - they invented it and subsequently lost the trademark.

    20. Re:Trademarks and loss of trademarks by Twylite · · Score: 1

      Hoover and Xerox. Both brands became so pervasive that they became verbs and subsequently lost control over their trademark. The courts found that they hadn't taken adequate steps to protect their respective trademarks. Implicitly this means that a trademark holder has a right (and in fact a responsibility) to protect their trademark from falling into common use in this manner.

      In this specific case, however, I would contend that the interpretation of the word is significant. Everyone I know uses the verb "google" to indicate "search the web using Google", which is NOT a dilution of their trademark. If a dictionary/lexicon upholds that definition (rather than the generic "web searching") there is unlikely to be legal issue here.

      --
      i-name =twylite [http://public.xdi.org/=twylite], see idcommons.net
    21. Re:Trademarks and loss of trademarks by HuskyDog · · Score: 1
      Hoover and Xerox. Both brands became so pervasive that they became verbs and subsequently lost control over their trademark.

      Realy! Are you trying to tell me that I could start making photocopiers and sell them as "Xeroxing machines"? Or that I could buy a big vacuum cleaner and set myself up as "HuskyDog's Hoovering Service"? If I could then I would agree that they have lost control of their trademark, but if I couldn't then they would still seem to have their trademarks protected in the only place where it realy counts which is in product marketing in the business areas where they work.

    22. Re:Trademarks and loss of trademarks by Twylite · · Score: 1

      When someone can say they are going to "xerox" a document, and walk off to the Minolta copier, you know your trademark is diluted.

      --
      i-name =twylite [http://public.xdi.org/=twylite], see idcommons.net
    23. Re:Trademarks and loss of trademarks by HuskyDog · · Score: 1
      Yes, but how precisely does this hurt the profits of Xerox corp? Would people buy more photocopiers from Xerox if we were able to stop people from using Xerox as a verb? Might I humbly suggest that the widespread use of Xerox as a verb makes the following scenario more rather than less likely to occur:

      "OK, we need to buy a new photocopier. Who makes such things?"

      "Well, I guess that Xerox must."

      "Yes, OK, who else can we get quotes from?"

      "Err, umm, well there's thingys, errr....."

    24. Re:Trademarks and loss of trademarks by Twylite · · Score: 1

      I'm not interested in the why. While I would prefer to take the naive view you are taking, the courts have found that trademarks are diluted by generic use, and that unless active steps are taken to protect a trademark it can be diluted and eventually lost. The accepted legal term is genericide.

      I must apologise that Xerox(R) is not a case in point - it managed to keep its trademark, as did Kleenex(R). Aspirin and thermos weren't so lucky. This is discussed in an article and reinforced by TSANet(R)'s trademark policy

      (since they have been in past danger of trademark dilution ... goodness knows why).

      I don't like the way the world works ... especially in this regard. But this is how things go. If Google did not take steps to protect its trademark (especially in a lexicon or dictionary) it may see the trademark diluted, and in future we could see an "MSN google service".

      --
      i-name =twylite [http://public.xdi.org/=twylite], see idcommons.net
    25. Re:Trademarks and loss of trademarks by Twylite · · Score: 1

      To add a spanner to my own comment: if you want to attack Google's position on trademarks, ask yourself if they can trademark "google" at all. This is, after all, an English word, and in Lindows v Microsoft we saw the judge question the validity of the Windows trademark on the same basis.

      Aside: Since in this context "google" is not being used in the same sense as the word, or even a related sense, the trademark would most probably hold.

      --
      i-name =twylite [http://public.xdi.org/=twylite], see idcommons.net
  39. To slashdot - by Anonymous Coward · · Score: 0

    v. to inflict the slashdot effect on an typically unprepared site.

  40. Wuh? by Anonymous Coward · · Score: 0

    That lexicon makes google look like a dating service for horny young teens. No wonder they are doing this.

    1. Re:Wuh? by tomhudson · · Score: 1
      quote: That lexicon makes google look like a dating service for horny young teens. No wonder they are doing this.

      Last year the local paper had an article on how women are protecting themselves from jerks by "googling" the guy before going out on a date. It was a verb back then, so ... to late :-)

      Besides, you really should google yourself once in a while to see what the rest of the world sees when they look you up ...

    2. Re:Wuh? by Anonymous Coward · · Score: 0

      Besides, you really should google yourself once in a while to see what the rest of the world sees when they look you up ...

      Hmm... Lessee. According to Google, I'm an obnoxious idiot. Great! Maybe I'll join the church of scientology and have google remove that page because it discriminates me for my religion.

  41. CONFLICT! by mcrbids · · Score: 1

    Help!

    I don't know what to think! Google is the best thing since sliced bread, women, and leatherman pocketknives, but now we have a dissenting article!

    Reminds me of that old Star Trek show...

    Error! Error! Must analyze.... Error! Error! Must analyze...

    --
    I have no problem with your religion until you decide it's reason to deprive others of the truth.
    1. Re:CONFLICT! by schmink182 · · Score: 1
      Google is the best thing since sliced bread, women, and leatherman pocketknives,...

      Mmmm. Women with leatherman pocketknives slicing bread...

    2. Re:CONFLICT! by Anonymous Coward · · Score: 0

      FUCJK Y000UU3333.. f@GGGH004XX...

    3. Re:CONFLICT! by Anonymous Coward · · Score: 0

      "Google is the best thing since sliced bread, women, and leatherman pocketknives"

      I know *bread* comes sliced, but the other two...? Where do you shop?

  42. "Google's have sent" by Anonymous Coward · · Score: 0

    Google's have sent a cease-and-desist letter to Paul McFedries, creator of the famous Word Spy site, demanding he remove google as a verb from his lexicon, or else.

    How appropriate to use "have" as a noun. Stick it to them grammar police!

  43. RTF Cease & Desist.... by daoine · · Score: 5, Insightful
    From Google's Cease and Desist:

    We ask that you help us to protect our brand by deleting the definition of "google" found at wordspy.com or revising it to take into account the trademark status of Google.

    The story makes this out to be a whole lot worse than it is. It doesn't seem like they're being unreasonable. They're likely not going to go on an all out attack, they just want the trademark status accounted for.

    1. Re:RTF Cease & Desist.... by Da+Schmiz · · Score: 4, Insightful
      Agreed. This is not unreasonable at all.

      IMO, the phrase in the definition that Google's lawyers are taking issue with is "such as": "google: v. To use an Internet search engine such as google.com to look for information." That's what the letter means when it says: "This definition implies that "google" is a verb synonymous with "search.""

      The implication is that I would say, "Hey, I googled X" when I had in fact used some other search engine. AFAIK, this is not a common use. In part because of the widespread popularity of Google, the search engine, when people use "google" as a verb, they always mean Google (at least in my experience). If someone starts using "google" as a verb to simply mean "an Internet search engine" then Google will, naturally, show a legal interest. As the letter says: "We want to make sure that when people use "Google," they are referring to the services our company provides and not to Internet searching in general."

      If the definition read "google: v. To use the Internet search engine google.com to...", then I doubt McFedries would have received the letter.

      --

      "Anything is better than IE, and you can quote me on that." -- Wil Wheaton.

    2. Re:RTF Cease & Desist.... by SpacePunk · · Score: 1

      No, this whole action by Google is more insidious. It's an attempt by Google to have the word removed from one 'dictionary' as a test on having them removed from ALL of them. They know full well they cannot get away with this since google is a verb so they figure if they remove the verb THEN then can take action against any use wheather or not that use is an actual infringement.

    3. Re:RTF Cease & Desist.... by daoine · · Score: 1
      Did you even read what I wrote? Or the cease and desist?

      It's an attempt by Google to have the word removed from one 'dictionary' as a test on having them removed from ALL of them.

      The cease and desist does not depend on the removal of the word. That was *one* of the options. The other was to acknowledge the trademark Google owned in the definition.

      they cannot get away with this since google is a verb

      Really. Want to define it for me? I'll quote Webster.com:

      Google:
      The word you've entered isn't in the dictionary.

      'Verbing' a trademarked name doesn't mean that it's impervious to trademark law. Google is making the case now because they ought to -- they *own* the trademark.

    4. Re:RTF Cease & Desist.... by SpacePunk · · Score: 1

      It's been in use. Just because it doesn't happen to be in a dictionary is beside the point.

      "The girl with the googley eye's", etc...

  44. Don't Be Evil by Anonymous Coward · · Score: 0

    I remember that the founder of google had mention that the internal slogan of google was "Don't be evil". Did the engineer that created it get fired? He also mentioned that people someone complained that he and Sergey Brin couldn't properly spell the term googol. He never stated if he misspelled the word for trademark purposes or if he was a poor speller that coincindentally created a nonsense term that could be trademarked. While it's understandable that they wish to protect their trademark. Has the marketing and/or legal department taken over? Is google now evil?

  45. Like Saran wrap and Velcro by pacsman · · Score: 1

    I guess they don't want their company name to go the way of others previously- there's a term for it, though I forget what it is exactly. The "Dummies" books publisher recently sued someone to keep them from using that term, it's a similar situation though I think it's already too late for them. Like Saran wrap, Velcro, and even Hoover and Coke, Google is now a non-corporate aprt of the English language, and most likely several other languages as well, despite the French government. These things happen when a product becomes so popular it's creator is even eclipsed by it. No doubt some day people will 'google' something on Teoma or whatever. For now they should ride the wave and not bother trying to stop the inevitable, because trying only makes them look like the other evil giant entities out there, like the MPAA and RIAA.

  46. Its not a Cease and Desist! by Anonymous Coward · · Score: 5, Informative
    READ THE LETTER!


    This is just a "request" from a lawyer:


    "....We ask that you help us to protect our brand by deleting the definition of
    "google" found at wordspy.com or revising it to take into account the
    trademark status of Google."


    Lawyers do this all time. You have the option of saying "No".


    It is NOT a Cease and Desist letter.


    thanks Timothy for more FUD.

    1. Re:Its not a Cease and Desist! by fishbowl · · Score: 1

      >It is NOT a Cease and Desist letter.

      I would go as far as to characterize it as a gentle encouragement to give credit to the people responsible. Dictionaries routinely note what words are trademarks. Websters does it with "trademark for" in italics. There's already a place for etymology.

      There's nothing in US trademark law that actually requires anyone to engage in hostile actions just to protect the trademark. The problem though, is that in order to prevail in a trademark dilution case, the plantiff needs evidence, and the best way to get the evidence is by creating a paper trail -- hence, the C&D letters.

      If you don't like it, why the hell did you ignore the political process that gave us 1996?

      --
      -fb Everything not expressly forbidden is now mandatory.
    2. Re:Its not a Cease and Desist! by Anonymous Coward · · Score: 0

      Slashdot Editors:

      Correct this, you're spreading more FUD than MS could ever do. PLEASE DO SOMETHING, stop writing in your journals and act like responsible editors.

  47. i know a what google needs! by macshune · · Score: 0, Troll

    to shut up and keep pretending it is not a company ruled by lawyers!

  48. do a google search by tomhudson · · Score: 1
    do a google search on the use of google as a verb - it's there.

    example: "to google someone" - lots (668,000) of hits. Seems like a case of closing the gate after the horse has bolted :-)

    So how about a verb - "ungoogle" for when they alter the PageRank system and you are no longer in the top 10?

  49. A minor point... by msaulters · · Score: 1
    I understand what's involved in trademark protection, but "google" is an important new verb, so I certainly don't want to delete it from the site. I also don't want any legal hassles. Is there a response I can send to this lawyer that will allow me to keep this entry? What if I just acknowledge that Google(tm) is a trademark of Google Technologies Inc.? Would that be good enough?

    OK, so what I notice is the difference in capitalization. Google's lawyers spell their trademark with a capital 'G', while the verb in question is spelled with a lower-case 'g'. Couldn't it be argued that they're NOT the same word? Just a thought.

    --
    These people looked deep into my soul and assigned me a number based on the order in which I joined.
  50. Not just a joke! by Hao+Wu · · Score: 1

    Language evolution is a whole field of study. Linguists and diadacticians, speech therapists are among a few who take this very seriously. New words mean new approach to old problems.

    Simple rule, simple solution. Confusing new word, confusing situations. "To Google" is a good example of this!

    --
    I suggest you read Slashdot
  51. Spam vs spam, and Google vs google by ahecht · · Score: 5, Informative

    Hormel has stated that people can use the term spam to refer to junk mail as long as they don't capitalize it, so I think Google should do the same (so the verb would be "to google", not "to Google").

    1. Re:Spam vs spam, and Google vs google by Paul+Neubauer · · Score: 2, Insightful

      Hormel has a very good sense of humor (and also business sense) about things. In Austin, MN there is the "SPAM Museum" which traces the history of Hormel and of SPAM. While they don't, as I recall, say much (if anything) about e-mail spam, they do include a large screen display of the Monty Python skit. The billboards in the area are rather less than serious as well. And the Hormel folks are protective of trademark - but know they'll be farther ahead by not being jerks about it.

      Google would do well to follow Hormel's example.

      --
      I don't subscribe to RMS's GNUtopian vision.
    2. Re:Spam vs spam, and Google vs google by Golias · · Score: 2, Interesting
      The situation is not analogous.

      If I were to publish a popular "dictionary of lunch jargon" and included "to spam" as a generic term for eating salty ham-derived food, you can bet your ass Hormel's lawyers would be sending me a C&D letter.

      --

      Information wants to be anthropomorphized.

    3. Re:Spam vs spam, and Google vs google by UserGoogol · · Score: 1

      Perhaps, but neither is yours.

      Noone says "I spammed at the restaurant the other Day," unless they have a laptop. However, plenty of people say: (I guess) "I googled 'spam' and found a very nice little Monty Python website."

      --
      "Never attribute to malice that which can be adequately explained by stupidity." -- Hanlon's Razor
  52. first proprietarised post. by Anonymous Coward · · Score: 0

    This stories gonna get slashdotted & farked, googles gonna get hoovered by hoardes of angry Slashdotters who will feel lucky by typing in anti-googlistic messages that will 0wn their zietgiest.

    This is a goatseficated link that has been googlised

  53. Verbs by grub · · Score: 5, Funny


    " ..you can't claim proprietary rights to a verb."

    Bill: Boy, we sure Microsofted that company, eh Steve?

    Steve: You bet Bill, good work!

    --
    Trolling is a art,
    1. Re:Verbs by txsable · · Score: 1

      Er...shouldn't that be "MicroSHAFTed"?

    2. Re:Verbs by fishbowl · · Score: 1

      >Er...shouldn't that be "MicroSHAFTed"?

      You laugh, but parodies have been roundly protected. Even risqé parodies.

      http://cyber.law.harvard.edu/metaschool/fisher/d om ain/tmcases/llbean.htm

      I note that the site has already been updated to acknowledge the trademark status, justice was served by people doing the Right Thing, and there's nothing to see here.

      --
      -fb Everything not expressly forbidden is now mandatory.
    3. Re:Verbs by pknoll · · Score: 1

      Nah. "Microsoftened."

  54. Bleh by autopr0n · · Score: 3, Interesting

    Of course, the downside is that if Google loses it's trademark then other companies can use the term for themselves. Alltheweb can say, for example, "come google with us".

    On the other hand, unlike the situation with Nintendo, no one can take google's domain name. If google does become a term meaning "to search the internet with an effective relevancy calculator" then their domain name will always be synonymous.

    Personally, though, I say screw google. They put autopr0n on the 11th page on a search for "autopr0n", which doesn't make any damn sense. And no one is ever going to say "Let me Alltheweb for it."

    --
    autopr0n is like, down and stuff.
    1. Re:Bleh by DunbarTheInept · · Score: 1

      Yes, it makes perfects sense. How many people link to "autoPron"? If not many, then the algorithm ranks it low. As it should be. That means it's not a well known site.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    2. Re:Bleh by schmink182 · · Score: 1

      While it does suck to be on the 11th page of the results, you're linked to by every page on the first page of results. So, IMO, it's not really that bad.

    3. Re:Bleh by Anonymous Coward · · Score: 0

      Then why don't you buy something from those who offer to increase your google rankings?

      Or have you tried filing law suit yet like the other complainers?

    4. Re:Bleh by autopr0n · · Score: 1

      Yes, it makes perfects sense. How many people link to "autoPron"? If not many, then the algorithm ranks it low. As it should be. That means it's not a well known site.

      102 sites. Anyway, it certainly makes more sense then returning this which is just a description of my site in German, with a link to it as the second result. Or this my kuro5hin account information (which also links to me) is the first result?

      The fact is, 'autopr0n' is only ever used as A) my username or B) in reference to my website, almost always with a link. So why am I ranked near the bottom, after a few sites that decided to stick 'autopr0n' in the massive keyword lists they use to try to Spam search engines?

      I also used to be the #1 returned result.

      --
      autopr0n is like, down and stuff.
    5. Re:Bleh by Phroggy · · Score: 1

      I see all of the top results to be links to your username, like http://slashdot.org/~autopr0n. If you didn't use that username, there wouldn't be so many autopr0n links that don't point to autopr0n.com.

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    6. Re:Bleh by Anonymous Coward · · Score: 0

      Of course, http://autopr0n.com (or http://www.autopr0n.com, for that matter) won't come up. Sounds to me like there are good reasons that Google doesn't give it top ranking.

  55. Offtopic observation & opinion by Tronster · · Score: 2, Insightful

    That was the most civilized cease-and-desist letter I have read linked to by a Slashdot story. (It's a shame more lawyers don't use similar language in their cease-and-desist letters.)

    I believe the request made by Google's lawyer is quite reasonable. Google created the word, and they don't want it diluted.

    Why shouldn't Paul McFedries comply?

    1. Re:Offtopic observation & opinion by Bryant · · Score: 1

      The letter is a masterpiece of implication. The lawyer never ever claims that Mr. McFedries is breaking the law, but he does imply that he can "make sure" people don't use google to refer to Internet searching in general. Heck, since it's not a legal matter -- since Google is just asking for a favor -- why'd they have a lawyer send the letter in the first place? What impression are they trying to give Mr. McFedries?

      When someone asks me for a favor, I don't want them to pretend that I /have/ to do them the favor. I want them to acknowledge up front that it's a favor. Google didn't do that. Google wrote a letter so ambiguous that half of slashdot believed it was a C&D even though it wasn't.

      I say that's kinda shady tactics.

  56. Precedents. by Spudley · · Score: 1, Redundant

    Google are far from the first, and will certainly not be the last company to have their name turned into a common word.

    Hoover, Frigidaire, Kleenex, Xerox, and many others have "suffered" the same fate.

    Most of them have tried to fight it, and most of them have failed.

    But having your name used as a common word can have it's advantages - it is caused by brand awareness, and generally cements it in place. It doesn't garuantee that you'll have complete market share forever, but it can certainly help.

    It should also be pointed out that "to google" was already an (informal) verb, meaning "to look" (where did you think the name came from?). Google may quibble over semantics, in that it's mostly being used in a different context these days, but they certainly can't remove it from from the dictionary.

    --
    (Spudley Strikes Again!)
    1. Re:Precedents. by gte910h · · Score: 1

      It should also be pointed out that "to google" was already an (informal) verb, meaning "to look" (where did you think the name came from?). Google may quibble over semantics, in that it's mostly being used in a different context these days, but they certainly can't remove it from from the dictionary.

      I think you mean ogle...or at least they did when they said it...

      --
      Want to see every step I took to start my company? http://www.rowdylabs.com/blogs/pitchtothegods
    2. Re:Precedents. by Spudley · · Score: 1

      I think you mean ogle

      You may be right, but I'm fairly sure I heard both. Also the phrase "googly-eyed", to refer to someone who's staring at something (or someone) to the point you worry their eyes might pop out.

      --
      (Spudley Strikes Again!)
    3. Re:Precedents. by Anonymous Coward · · Score: 0

      Don't forget that an Escalator was originally a moving staircase made by Otis Elevator.

      Without the subsequent copyright infringement that made it part of the common lexicon, we wouldn't have the word "escalate."

    4. Re:Precedents. by Anonymous Coward · · Score: 0

      Actually, Google come from googol, a number equal to 10^100

  57. Why complain? by sean23007 · · Score: 1

    I don't understand why Google would want to complain about having become so ubiquitous and such a powerful force that their very name is synonymous with what they do. That is the ultimate compliment, yet they want to avoid it. It's not like "to google" means "to knife-rape a cute virgin nun," it means "to search the web," which is exactly what Google does. Why wouldn't they want this?

    --

    Lack of eloquence does not denote lack of intelligence, though they often coincide.
    1. Re:Why complain? by Daniel+Dvorkin · · Score: 1
      It's not like "to google" means "to knife-rape a cute virgin nun," it means "to search the web," which is exactly what Google does.
      As opposed to "to slashdot," which means, effectively, "to launch a DDOS attack" -- which, given current laws, is apparently considered a worse offense than violent sexual assault. Seems to me Google isn't the only well-known Internet entity that has to worry about how their name gets verbed.
      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    2. Re:Why complain? by sean23007 · · Score: 1

      And even though "to Slashdot" can possibly be construed negatively, we all seem to take pride in the fact that we can use it as a verb. Google should be just as pleased (or even moreso).

      --

      Lack of eloquence does not denote lack of intelligence, though they often coincide.
    3. Re:Why complain? by jcast · · Score: 1

      Google wants `to google' to mean `to use google', not `to use google or any of google's many competitors'. Why do you think this is unreasonable?

      --
      There are reasons why democracy does not work nearly as well as capitalism.
      -- David D. Friedman
  58. Great Googly Moogly by Washizu · · Score: 1

    Dumb, Dumb, Dumb...

    From Google's Trademark Lawyer:
    "Our brand is very important to us, and as I'm sure you'll understand, we want to make sure that when people use "Google," they are referring to the services our company provides and not to Internet searching in general."

    Band-Aids and Kleenex have been milking this name recognition forever. If you're trying to build a brand synonymous with "searching," what the hell else would you want to happen?

    P.S. Mr. McFedries, feel free to include "washizu" in your dictionary as "to completely satisfied in the bedroom."

    --
    OddManIn: A Game of guns and game theory.
    1. Re:Great Googly Moogly by ninewands · · Score: 1
      Quoth the poster:
      Band-Aids and Kleenex have been milking this name recognition forever. If you're trying to build a brand synonymous with "searching," what the hell else would you want to happen?

      Well, *just* like Band-Aids(TM) and Kleenex(TM), Google(TM) really WANTS "to google" to be synonymous with "to search the web" but they do NOT want it to become a generic term for "to search the web."

      I know that sounds like a distinction without a difference, but it is not. As other posters have said, if Google(TM) loses the enforceability of its trademark, then EVERY search site can use the word "google" to refer to its search function. Synonymousness of words is a matter of perception, where genericness is a matter of definition.

      All Google(TM) is trying to do here is maintain the current situation where you aren't REALLY "googling" unless you use Google(TM) to do your "googling."
  59. So change the description by friendofafriend · · Score: 5, Insightful
    The letter from Google says:
    We ask that you help us to protect our brand by deleting the definition of "google" found at wordspy.com or revising it to take into account the trademark status of Google.
    So why not just mention google is a trademark in the definition - that is all they are asking!
    1. Re:So change the description by Anonymous Coward · · Score: 0

      And they did!
      case closed...

    2. Re:So change the description by spacefight · · Score: 1

      That's exactly what the guy did as you look up the page mentioned within the article.

    3. Re:So change the description by Anonymous Coward · · Score: 0

      Just like "Thermos" and "Xerox" and "Kleenex" -- dictionaries define them as trademarks with further elaborations on the common usages.

    4. Re:So change the description by jcast · · Score: 1

      I don't think that should be sufficient---he's still implying that `to google' means `to use google or one of its many competitors'. I doubt google will be satisfied with this.

      --
      There are reasons why democracy does not work nearly as well as capitalism.
      -- David D. Friedman
  60. This is a trademark issue. by Anonymous Coward · · Score: 1, Interesting

    Google is a strong fanciful mark. They are trying to prevent its status from becoming "generic" a la aspirin. A generic mark cannot be protected. Ever wonder why when you go to a fast food chain and ask for a coke, they reply "Is pepsi ok?" Well, Coke's lawyers probably just got ahold of that chain and forced that chain to not allow customer to refer to a pepsi product as a coke. If a mark makes its way into the common lexicon as a generic term, it is no longer protectable under US trademark law.

  61. Googling by Golias · · Score: 5, Insightful
    Using "google" as a verb should be just fine... as long as you are talking about using Google to do your search. Otherwise, it's diluting their trademark. If people start saying "go to Alta Vista and Google around for it," then suddenly it becomes like how people were starting to say "Curad Band -Aids" instead of "Curad bandages" before the makers of Band-Aid bandages began going to great lengths to protect thier brand.

    It reminds me of how "Coke" has become a generic word for soda pop in some parts of the South. If you order a "Coke" in some sourthern establishments, the redneck bartender will ask you "what kind of Coke do y'all want? Orange? Pepsi? Root Beer?"

    For a while, Pepsi was selling really cheap to restaurants (to get more customers accoustomed to the taste). If you went into a restaraunt and ordered a "Coke," you would often get Pepsi... until recently. These days, if you order a "Coke" and they only have Pepsi products, your server will have been trained to ask "is Pepsi okay," because Coke occastionally sends reps out to look for restaurants who are substituting Pepsi for Coke orders without telling customers, and suing the asses off anybody they catch doing it.

    Trademark laws are not set up to favor the nice guys. The law is pretty much, "be a bastard about your trademarks, or they become part of the language and it will be okay for your competition to use them."

    --

    Information wants to be anthropomorphized.

    1. Re:Googling by tunabomber · · Score: 4, Funny

      ...the makers of Band-Aid bandages began going to great lengths to protect thier brand.

      For that, they used a Brand-Aid(tm)

      *thwack*... Ow! What was that for!?

      --

      pi = 3.141592653589793helpimtrappedinauniversefactory71 ...
    2. Re:Googling by Speed+Racer · · Score: 1

      These days, if you order a "Coke" and they only have Pepsi products, your server will have been trained to ask "is Pepsi okay," because Coke occastionally sends reps out to look for restaurants who are substituting Pepsi for Coke orders without telling customers

      While that may be the reason they ask, I appreciate the question because I'm rarely in the mood for Coke and I generally ask specifically for Pepsi. If they bring me out a Coke when I ask for a Pepsi by name I can't be responsible for the repercussions.

      --
      Free Mac Mini. Yes, I'm
    3. Re:Googling by DunbarTheInept · · Score: 1

      Using "google" as a verb should be just fine... as long as you are talking about using Google to do your search.

      I agree wholeheartedly. For the same reason, I never say I Photoshopped an image if I was actually Gimping it. (And that's a peeve I have with SomethingAwful.Com's Photoshop Phriday. Their rules don't specify that the images must be edited with photoshop, but they use the term.)

      I don't think people are exploring the OTHER angle here - that when a product's name becomes the ubiquitous generic term for that class of products, it's good press for that product, and bad press for the rest. Every time you use "photoshop" to genericly describe the process of image editing, you are hurting the publicity of Gimp.
      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    4. Re:Googling by fishbowl · · Score: 1

      >your server will have been trained to ask "is
      >Pepsi okay,"

      You are spot on there -- and I think that Pepsi missed the boat. Instead of being "okay", which is to imply that it's somehow a lesser substitute, the server should say something like "we offer Pepsi here." Or whatever magic would make the customers think they're getting a better treat. Much, much too late of course. Coke is Coke, and everything else is Not Coke, no matter what it may be, and Pepsi has gotten a little bit of mindshare to be something maybe a little above "Not Coke", but only a little, and mainly because it is sold in situations where Coke is not, and the customer must do something to tide himself over until the next Coke Fix.

      "Is Pepsi OK?" indeed. They should have trained the servers to act as if the customer had ordered urine, and recommend Pepsi as if it will be their very salvation. Apologizing for having Pepsi just makes Coke stronger.

      --
      -fb Everything not expressly forbidden is now mandatory.
    5. Re:Googling by Golias · · Score: 1
      It's good press in the short-term. The fact that people say "photoshopped," reminds people of the ubiquity of Photoshop... however, once your trademark is diluted, you suddenly find yourself without a name to differenciate your product down the road when you face actual competition.

      In other words, suppose the gang in Redmond were to release "Microsoft Photoshop" in 2007. The people at Adobe would really regret it if they had not been careful to protect the name Photoshop until then.

      --

      Information wants to be anthropomorphized.

    6. Re:Googling by Golias · · Score: 1
      Unfortunately, you never really know why your customer ordered "Coke."

      It could be that they just want a cola, and are used to calling it Coke. It could also be that they really strongly prefer Coke over Pepsi (which is not far-fetched; the majority of regular cola drinkers have a strong preference for one or the other).

      In either case, nobody wants to be chastized by their waiter for ordering something the restaurant doesn't have. If you are in the business of serving customers, you should always come across as a little apologetic if you lack something the customer wants.

      "Is Pepsi okay?" is the right question to ask. In my case, the answer is "no." If I order Coke, it's because I want a Coke, and a Pepsi is not a Coke. (Trivia: Pepsi and Coke are both colas with citrus flavoring. The main difference between them is one uses lemon for the citrus while the other uses lime.) When I'm told there are only Pepsi products, I usually ask for Mountain Dew, which is my second-favorite soda anyway.

      --

      Information wants to be anthropomorphized.

    7. Re:Googling by hitchhacker · · Score: 1

      It reminds me of how "Coke" has become a generic word for soda pop in some parts of the South. If you order a "Coke" in some sourthern establishments, the redneck bartender will ask you "what kind of Coke do y'all want? Orange? Pepsi? Root Beer?"

      I havn't noticed this in Texas. If you order or Coke, thats what you get. The reason it's used so much is probably because so many people drink it. I use 'coke' because it's the path of least resistance. Everyone aside from Taco Bell has it. Maybe the bartenders I've run into haven't been redneck enough... who knows

      -metric

    8. Re:Googling by Golias · · Score: 1
      I shoudl mention that I learned about the whole Coke trademark spy thing when I was in D.C. It's an interesting story.

      I was drinking my beer, when I noticed that the coster had the words, "this establishment does not serve Coca-cola products," in bold type on it. Figuring there must be a story behind it, I asked the bartender. He told me that somebody once walked into one of their bars and ordered a "rum and Coke." Upon being served a rum with Pepsi in it, he informed the management that he was a Coca-cola representative, and they would be bringing action against them for deceptive trade (re: selling Pepsi as if it was Coke). The owner of the establishment owned over 10 very popular bars and restaurants in the DC area. He paid the settlement, but also swore that none of his bars would ever serve any Coke product.

      --

      Information wants to be anthropomorphized.

    9. Re:Googling by Golias · · Score: 1

      Ah, you see, you are from a part of the south where almost everybody drinks Coke, and "coke," to them, means "cola". In the southern areas I was talking about, 7-Up, orange soda, Dr. Pepper, root beer, etc., are all considered, "kinds of coke," to the locals.

      --

      Information wants to be anthropomorphized.

    10. Re:Googling by vidnet · · Score: 1

      Another example, "kodak" is malaysian for a "roll of film".

  62. yes, no "or else" there at all by BACbKA · · Score: 3, Interesting

    I think that an update should be posted at the article level ASAP - this way, with the "or else" clause, it just shows the editor never read the linked in material, and makes /. look bad.

    --

    VKh

    1. Re:yes, no "or else" there at all by daoine · · Score: 1
      I think that an update should be posted at the article level ASAP

      Agreed.

      Perhaps it should say "or else...uh...we'll just ask you nicely to change it a little"

      The current text of the article portrays the situation inaccurately (and makes it seem incredibly irrational) -- there's no use in mudslinging when it isn't the case.

  63. Below the lexicon entry, you find: by Thurog · · Score: 1

    Posted on April 12, 2001

    That entry has been active for almost two years. What took you so long, Mr. Lawyer? Could this long delay pose a hurdle to take the dictionary maintainer to court?

    --
    The difference between ignorance and apathy? I sure don't know, and I don't care either.
  64. What I think google is trying to say... by macshune · · Score: 1

    IANAL, but if the word becomes ubiquitous, then it's kind of like it's in the public domain and the trademark is weakened. Well, at least that's what the LAWYERS think, I bet. Real people know they can't start a company and start selling 'Band-Aids' and 'xerox machines' and hope they won't get sued.

  65. They of course know by SquadBoy · · Score: 1

    that you can't claim rights to a verb. That is why they are trying their best to avoid having it be in anyway officially made a verb. The Coka cola people did this a few years ago in Texas. Those of you from certain parts of the country will know that the word "coke" is used as a generic word for soda in many places. Leading to things like "What kind of coke would you like?" "A Pepsi please". This has been documented by many linguists. To avoid dilution the company has tried to sponser studies showing that it is not used in this way. They are simply trying to avoid becoming a verb before it ruins their trademark. I'm not sure what I think of this but it is far from stupid.

    --

    Cypherpunks: Civil Liberty Through Complex Mathematics. Those who live by the sword die by the arrow.
  66. Another proprietary verb... by igrek · · Score: 1

    slashdot
    v. to slashdot, slashdotting, slashdotted

  67. Worth keeping an eye on... by revery · · Score: 1

    In the words of Weird Al Yankovich's "I lost on Jeopardy", I was tense, I was nervous, as I read the slashdot article. Has Google become...gulp... evil ? Have they stepped over the line??

    But then I read the cease and desist letter.

    While they may yet prove to be evil, all it looks like so far, is that they are trying to protect their trademark. No more, no less. Whether this is late in the game to be doing so, I don't know. But so far, it doesn't sound too bad. It's worth keeping an eye on though.

    --

    Kleenex says "Bless you"

  68. Redifference between uppercase and lowercase by tomhudson · · Score: 4, Informative
    quote from the letter: I have recently become aware of a definition of "google" on your website, www.wordspy.com. This definition implies that "google" is a verb synonymous with "search." Please note that Google is a trademark of Google Technology Inc

    "Google" might be a trademark, but "google" isn't. A good example is "Ford" - the motor company, versus "ford" - a shallow place in a body of water that can be crossed (forded) easily :-)

    1. Re:Redifference between uppercase and lowercase by Golias · · Score: 0, Insightful

      If you are referring to the number, that would be "googol," not "google."

      --

      Information wants to be anthropomorphized.

    2. Re:Redifference between uppercase and lowercase by KDan · · Score: 1

      He's not, he's referring to "google", the verb which means "to find on the internet".

      Daniel

      --
      Carpe Diem
    3. Re:Redifference between uppercase and lowercase by platypus · · Score: 3, Interesting

      "Google" might be a trademark, but "google" isn't

      But maybe they fear that something happens to them like to Xerox. If "to google" becomes a common word, maybe then their trademark would be worthless? Next, someone sets up googler.com and defends itself by purporting that "googler" cannot breach a trademark more than "searcher".

      I don't know ...

    4. Re:Redifference between uppercase and lowercase by Zaknafein500 · · Score: 2, Informative

      Which is exactly why Google(tm) needs to protect itself. The term "to google" is derived from their trademarked name. If they don't defend it, it weakens their ability to protect it once someone uses it to do real damage.

      --

      "The guide is definitive, reality is frequently inaccurate."
    5. Re:Redifference between uppercase and lowercase by Golias · · Score: 2, Interesting
      There is no such verb. It only exists by verbing the trademark "Google."

      The example he used was that "Ford" is the motor company, but "ford" is a part of a stream that you can walk across, and "to ford" is to walk across a stream.

      Thus implying that there is some other meaning of the word "ford" which can be verbed.

      The way you read it, it would imply that "to ford" means to drive a car, therefore "to google" can mean "to find on the Internet."

      (BTW, "Internet" is supposed to be uppercase, as your better spell-checkers will inform you. It's not a noun, it's a proper name for a specific network.)

      --

      Information wants to be anthropomorphized.

    6. Re:Redifference between uppercase and lowercase by ClosedSource · · Score: 1

      Xerox makes an effort to discourage the use of "xerox" as a verb by placing ads in Writer's Digest etc. It's important that they do this to protect their trademark. On the other hand, I don't think they've tried to sue anyone for placing it in a dictionary.

    7. Re:Redifference between uppercase and lowercase by tomhudson · · Score: 1
      actually, there's alread a site for googlers www.aaronsw.com - All the Googles at your fingertips, along with the Python source code.

      Again, Python (capitalized) source code as opposed to python (snake).

      Of course, we then run into the problem of trademarks and service marks that are lowercase to begin with. In english, we tend to associate first-caps as a proper name, just as we do with people. Which, I guess, is one reason why k. d. lange. has her name in all-lowercase - to be different.

    8. Re:Redifference between uppercase and lowercase by platypus · · Score: 4, Informative

      Google didn't try to sue him. They just held up (coded in lawyer speak) a big fat "Stop"-sign. Yes, they could have called just called this guy, but they choose not to. But in effect they are the only ones having a disadvantage, because they have to pay their lawyers. It's clear that the letter isn't written to make him any problems.
      It contained clear directions for the guy how he could resolve the matter:

      "We ask that you help us to protect our brand by deleting the definition of "google" found at wordspy.com or revising it to take into account the trademark status of Google." (emphasize mine).

      They sent him the letter, but they gave him free legal advice at how to avoid any problems, and following this advise can't hurt him in any way and does't cost anything.

    9. Re:Redifference between uppercase and lowercase by FCAdcock · · Score: 1

      Actually, to "google" is "to find on google.com". You can also "yahoo", "slashdot", or "ebay".

      --
      --Forest C. Adcock--
    10. Re:Redifference between uppercase and lowercase by Anonymous Coward · · Score: 1, Interesting

      Funny, slashdotters never call it "free legal advice" when Microsoft sends lawyer-letters about their trademarks.

      Is google free software? What explains the doe eyed hero worship on slashdot for google?

    11. Re:Redifference between uppercase and lowercase by alkali · · Score: 4, Interesting
      To elaborate a bit:

      Suppose I set up Supergoogle, a web search site. Google wants to go to court and get an injunction to stop me from using that name. To do that, they will need to submit an affidavit from an officer of the company that explains, among other things, how Google has tried to protect its trademark. A typical paragraph of that affidavit could be a short explanation of how Google once sent a letter to a person whose web site implied that Google wasn't a trademark. A copy of the letter would be attached to the affidavit as one of many such exhibits.

      The primary purpose of sending the letter on this occasion was to prepare for that possibility.

    12. Re:Redifference between uppercase and lowercase by Anonymous Coward · · Score: 0

      Ths is silly. As Im sure 50 people have already pointed out here, "google" is also a noun, and has been at least since I was a kid (I'm 52). It means a one followed by a hundred zeros and refers to a number of infinite size.

    13. Re:Redifference between uppercase and lowercase by rusty+spoon · · Score: 5, Insightful

      Isn't this similar to the very common vacuum manufacturer "Hoover". Everyone I know says they will "hoover the carpet" e.g. "I'll google for it".

      Again, it is similar to Xerox being used when photocopy was meant. I'm not sure if "making a xerox" is used so much nowadays thanks to the proliferation of photocopy machines but it certainly was common.

      Having said that my old copy of bookshelf has TM next to the term. Same for Xerox.

    14. Re:Redifference between uppercase and lowercase by Anonymous Coward · · Score: 0

      And "Ford" is a (tm) only in the context of cars.

      I could certainly TM "Ford's Elixir", and as long as it had nothing to do with Ford Motor Co., a blue oval logo with "ford" in cursive in it, "Quality is Job 1", etc., then I'm OK.

    15. Re:Redifference between uppercase and lowercase by tempest303 · · Score: 1

      Very well said - mod parent up!

    16. Re:Redifference between uppercase and lowercase by Anonvmous+Coward · · Score: 4, Informative

      ""We ask that you help us to protect our brand by deleting the definition of "google" found at wordspy.com or revising it to take into account the trademark status of Google." (emphasize mine)."

      Google isn't being unreasonable here. Look up 'kleenex' at dictionary.com and you get (trademark) added to it. Check it out:

      http://dictionary.reference.com/search?q=kleenex

      I haven't skimmed the comments yet, but those of you who have your pitchforks raised can lower them.

    17. Re:Redifference between uppercase and lowercase by einhverfr · · Score: 4, Funny

      Funny, slashdotters never call it "free legal advice" when Microsoft sends lawyer-letters about their trademarks.

      So Google microsofted Wordspy?

      --

      LedgerSMB: Open source Accounting/ERP
    18. Re:Redifference between uppercase and lowercase by bluprint · · Score: 2, Insightful

      There is no such verb.

      There most certainly is, if people start using the word in that fashion. What, we can't make new words anymore? Or can we just not make new words that were inspired originally by trademarked names? Which is it?

      The English language (or any language) is delimited by usage first, and books (such as a dictionary) second. Just because the word is not in the dictionary (and it may or may not be...I assume it isn't) does not invalidate the word in common usage.

      Remember, the dictionary is revised every so often to reflect common usage of the language, not the other way around.

      --
      A modern day witchhunt.
    19. Re:Redifference between uppercase and lowercase by Junior+J.+Junior+III · · Score: 1

      And what if I wanted to make a website called googlesux.com?

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
    20. Re:Redifference between uppercase and lowercase by dementis_canis · · Score: 1

      Actually, I believe that it means "to search for on the Internet"...
      as in, "Hang on, I'll just google for it"

      --
      rhubarb, rhubarb, rhubarb...
    21. Re:Redifference between uppercase and lowercase by Zeal17 · · Score: 1
      Somebody mentioned farther up the post that that is spelled "googol".

      From WordNet (r) 1.7:
      googol n : a cardinal number represented as 1 followed by 100 zeros (ten raised to the power of a hundred)

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

      From The Free On-line Dictionary of Computing (09 FEB 02):
      googol The number represented in base-ten by a one with a hundred zeroes after it. According to Webster's Dictionary, the name was coined in 1938 by Milton Sirotta, the nine-year-old nephew of American mathematician, Edward Kasner. See also googolplex. (2001-03-29)


      -Zeal17
      --

      "If it sucks without butter, it still sucks with butter, only creamier." - AC
    22. Re:Redifference between uppercase and lowercase by ins0m · · Score: 1

      erm. The thing is, fording a river more than likely comes from the old word "fjord", which had to do with the same act. Google came up with the word first. Ford was a guy's last name, probably from a long line of heritage that had something to do with river-crossings (like Cooper, Smith, etc. had to do with respective professions ofr previous eras). They coined the term; they kind of have to do the dance of formality in filing this suit. Even if it fails... it's kind of an unwritten obligation in order to keep trademark.

      --
      Never attribute to Hanlon that which can be adequately attributed to Heinlein.
    23. Re:Redifference between uppercase and lowercase by azadrozny · · Score: 1
      Xerox is a derivative of the word xerography which, according to Dictionary.com, means:
      "A dry photographic or photocopying process in which a negative image formed by a resinous powder on an electrically charged plate is electrically transferred to and thermally fixed as positive on a paper or other copying surface."
      I know they have been recently fighting hard to make sure their trademarked version remains just that. They don't want someone to be able to argue that xerox is just a common, abreviated form of the formal word. If thats the case everyone would be able to use it in some form.
    24. Re:Redifference between uppercase and lowercase by Anonymous Coward · · Score: 0

      You could, and Ford would use its resources to sue you out of existance.

      Yes, it's wrong, and yes, they would eventually lose. Got a few million to spend on this quest?

      Lately, it's sue first, discuss later.

    25. Re:Redifference between uppercase and lowercase by Anonymous Coward · · Score: 0

      Google is a word, numbnuts.

    26. Re:Redifference between uppercase and lowercase by Striver · · Score: 1

      I couldn't resist seeing what the same site said about google... http://dictionary.reference.com/search?q=google

      --
      this is loaner...my sig is in the shop
    27. Re:Redifference between uppercase and lowercase by Anonymous Coward · · Score: 0

      oh you are so silly.

      thanks for the new verb, to verb. you have enriched engrish by perhaps a smidgeon from what it was yesterday.

      agree with you that the Ford/ford example was doubleplus ungood. Problem is that situation is a homonym. two different words from different roots with different meanings that sound the same and sometimes are spelled alike. like "read" and "rede" and "reed" (though most people screw it up and use "read" where they should use "rede" and write things that would have looked stupid three hundred years ago about "reading the chart" or "reading the compass" hah! captains and navigators of that time would get a giggle out of that.

      Xerox/xerox is plusbetter example because Xerox is trademarked machine and xeroxing a document became an accepted part of engrish and english for a while. though to xerox is now fading since everybody scans and prints.

      internet is not a formal name of any network btw. it is a name for an ill defined collection of protocols that allow communications between different networks. some of the individual protocols are well defined, others are ill, sick (e.g. html before v4). but the whole collection is ill defined because it is often fuzzy as to what belongs and what doesn't (is pdf now an internet protocol? will it be one tomorrow? how about .gif pix, which is proprietary?) or you could say that tcp/ip is the only internet protocol but that doesn't cover real world usage.

      posted anonymously because of the coward part.

    28. Re:Redifference between uppercase and lowercase by MrOrn · · Score: 1

      You ignore the fact that "Google" and "to google" share the meaning of searching for information. It has nothing to do with upper case and lowercase. I suspect that the trademark applies regardless of case.

      The false analogy you use simply points out that homographs exist in English. If "ford" also meant drive, then your analogy would work.

      The site should simply acknowledge the trademark and let the entry on the site stand as a testament to fad words. I can't see it lasting until the next edition of the OED.

    29. Re:Redifference between uppercase and lowercase by TKinias · · Score: 1

      scripsit KDan:

      "google", the verb which means "to find on the internet".

      That is, the verb which means ``to find on the Internet by means of the Google search engine.''

      Nobody says ``google for it'' when they mean ``go to AltaVista and search for it.''

      --
      In principio creauit Linus Linucem.
    30. Re:Redifference between uppercase and lowercase by mysticgoat · · Score: 1

      Yes, this is it exactly.

      Note that in this case, the lawyer very carefully avoided any suggestion that Google might take any kind of legal action. There is good reason for that avoidance: it is so obvious that Google has no legal recourse in this instance that even the most veiled threat could backfire and force the company into defending itself against a claim of harrassment. Which would mean losing goodwill among potential google users no matter what the courtroom outcome would be.

      Sending this letter is Google's way of stockpiling snow balls for a snow ball fight with GooglePlex.com (that's next year's competitor, a googol raised to the goolgoleth power IIRC). Undoubtedly the cost of preparing this letter (and others) is very carefully accounted for, so when they go to court against GooglePlex.com, they will be able to show they have spent $ThisMuch in defense of their trademark. (They do not have to demonstrate that they won any of the contests, and if questioned specifically about any of them, they can always say that in their opinion, it would have cost them too much in goodwill to fight that particular battle).

      btw, back in the 1960's googolplex was the largest named cardinal number. Does anyone know if anyone has named a larger one? And is it still a few hundred magnitudes larger than all the quarks that ever were, or ever will be?

    31. Re:Redifference between uppercase and lowercase by darien · · Score: 2, Informative

      Not a particularly common one. This is the only reference in the OED:

      googly . Cricket. An off-break ball bowled with leg-break action. Hence google v. of the ball or bowler, googler .

    32. Re:Redifference between uppercase and lowercase by Anonymous Coward · · Score: 0

      Anybody else notice that in Pattern Recognition, William Gibson uses "google" (small g) as a verb about every other paragraph?

      Did he or Putnam's get a letter? Did he somehow get permission?

    33. Re:Redifference between uppercase and lowercase by hplasm · · Score: 1
      ....once someone uses it to do real damage.

      now I'm scared.....

      --
      ...and he grinned, like a fox eating shit out of a wire brush.
    34. Re:Redifference between uppercase and lowercase by hplasm · · Score: 1
      Isn't this similar to the very common vacuum manufacturer "Hoover". Everyone I know says they will "hoover the carpet"

      Exactly. Hoover should have come down heavily in exactly the same way on J Edgar, the famous FBI TV fruitcake, and stopped him before he got started.

      ;)

      --
      ...and he grinned, like a fox eating shit out of a wire brush.
    35. Re:Redifference between uppercase and lowercase by sfe_software · · Score: 1

      But maybe they fear that something happens to them like to Xerox. If "to google" becomes a common word, maybe then their trademark would be worthless? Next, someone sets up googler.com and defends itself by purporting that "googler" cannot breach a trademark more than "searcher".

      Worse, if "google" becomes a generic word, then other search engines could use the term. Imagine AltaVista having a Google box, with a Google button...

      To me, the word "google" as a verb means to search *using Google*. I never thought of the word to mean searching in general -- searching SUCKED (for me) before (I discovered) Google. To use the term in reference to the other search engines is an insult to Google. Hell, in their position I'd defend it just for that reason... but of course the trademark vs generic term issue is good reason as well...

      --
      NGWave - Fast Sound Editor for Windows
    36. Re:Redifference between uppercase and lowercase by Hognoxious · · Score: 1
      Problem is that situation is a homonym. two different words from different roots
      I doubt that. More likely the surname is derived from the geographical feature.
      like "read" and "rede" and "reed" (though most people screw it up and use "read" where they should use "rede"
      Does anyone use 'rede' (in the Ethelred the un~ sense) these days?
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    37. Re:Redifference between uppercase and lowercase by chrisbtoo · · Score: 1

      Everyone I know says they will "hoover the carpet"

      I my house, it's moved on a stage from that. We "hoove" our carpets, as a hoover is clearly a device for hooving.

      --
      Registering accounts later than some other chrisb since 1997
    38. Re:Redifference between uppercase and lowercase by Hognoxious · · Score: 1
      Which, I guess, is one reason why k. d. lange. has her name in all-lowercase - to be different.
      Another might be to distinguish her from well known country lesbian k.d. lang?
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    39. Re:Redifference between uppercase and lowercase by fredrik70 · · Score: 1

      Walkman is another example.

      Sony Walkman became synonymous with portable tape players so everyone called them Walkmans, even if they weren't made by Sony.

      Little note though: In sweden ,Walkmans were called Freestyles for some reason. THink it was some add on TV that caused that, ugh..

      --
      if (!signature) { throw std::runtime_error("No sig!"); }
    40. Re:Redifference between uppercase and lowercase by TheGreek · · Score: 1

      It runs on Linux (a huge-assed cluster, no less). This is Slashdot, the de facto community symbol of the "rise" of Linux as a "viable" desktop/server operating system.

      Sad.

    41. Re:Redifference between uppercase and lowercase by Anonymous Coward · · Score: 0

      BTW, Cricket is like what limey's play instead of baseball.

    42. Re:Redifference between uppercase and lowercase by Hognoxious · · Score: 1
      We "hoove" our carpets, as a hoover is clearly a device for hooving
      LOL!

      Why don't spiders spide and lobsters lobst?
      Or tipsters tipst & mobsters mobst?
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    43. Re:Redifference between uppercase and lowercase by mysticgoat · · Score: 2, Interesting
      [re: Ford/ford] Problem is that situation is a homonym. two different words from different roots

      I doubt that. More likely the surname is derived from the geographical feature.

      I can't be sure of course, but I think the original poster may have been making a reference to that bit about how Tolkien chose "Frodo" as a single letter transliteration of "Fordo", which was a name that meant "doom-bringer" or something like that (as in "Enri the Fordo" (sometimes "Enri the Fordoer" or "Enri duFordo"-- all apparently the same guy. He was that Saxon noble who went on a rampage after the battle of Hastings). I recall at that time there was some talk of the name "Ford" being a shortened version of "Fordoer" or "duFordo" or something like that (the root of all of them is the verb "to fordo" which meant to destroy something by tearing out its insides). Certainly that kind of subtle word play was right up Tolkien's alley-- making "Frodo" a sort of anti-fordo.

      It's probably just as well that the Ford family name was changed before they got into assembly line production. Otherwise I suppose that Chevies and other auto makerrs would have been unable to make any four door models (since that would have been a clear mockery of the Fordoer Motor Company's name and disallowed by trademark law).

      like "read" and "rede" and "reed" (though most people screw it up and use "read" where they should use "rede"

      Does anyone use 'rede' (in the Ethelred the un~ sense) these days?

      I had to re-read the AC's post, but I think that was his point. That is, if I have reded his words correctly. (I think I got that right... yep, that usage agrees with the 20 pound Webster).

    44. Re:Redifference between uppercase and lowercase by palmpunk · · Score: 1

      Interesting that their entry does not mention 'trademark' anywhere

    45. Re:Redifference between uppercase and lowercase by Osiris+Ani · · Score: 1
      "Google" might be a trademark, but "google" isn't.
      I hope you're not confusing Google, the trademark name for a search engine, with googol, the number.

      ...because there's a significant difference. "Google" will only exist as anything but a proper noun if Google doesn't defend its trademark, as it's quite appropriately doing now.

    46. Re:Redifference between uppercase and lowercase by sergeirichard · · Score: 1

      Oh... Does that mean we have to cease and desist from saying 'slashdotting'?

    47. Re:Redifference between uppercase and lowercase by Anonymous Coward · · Score: 0

      "google" isn't a word either - at least not according to dictionary.reference.com

      Maybe you were thinking of "googol"??

    48. Re:Redifference between uppercase and lowercase by FCAdcock · · Score: 1

      No, it means that a word is a word, and disallowing people from saying that word is completely stupid. No one owns the English language, and no matter how hard some companies may try to prove otherwise, it is completely absurd to claim ownership of a word.

      --
      --Forest C. Adcock--
    49. Re:Redifference between uppercase and lowercase by Anonymous Coward · · Score: 0

      fjord?

    50. Re:Redifference between uppercase and lowercase by Anonymous Coward · · Score: 0

      >A good example is "Ford" - the motor company, versus "ford" - a shallow place in a body of
      >water that can be crossed (forded) easily :-)

      That example shows that you don't have a fundemental understanding of the issues. The Ford company makes cars, trucks, etc. The term "ford", as referring to a body of water, isn't at all related. Try entering "Trademark apple" in Google if you would like a clue. Or keep talking nonsense - doesn't matter to me.

      The company Google and the verb google are not seperate unrelated things, as your example tries to claim they are.

    51. Re:Redifference between uppercase and lowercase by tomhudson · · Score: 1

      Ah, but common usage shows they are now separate things. Language evolves quicker than people do. Many newspapers use "googling someone" as a phrase, and their style nazis^H^H^H^H^H^H^H^Heditors don't change it :-)

    52. Re:Redifference between uppercase and lowercase by tomhudson · · Score: 1
      I agree that the side should just acknowledge the trademark. However, language does change with time and place. For example, you "hoover" a rug in Australia. In Quebec, the proper french term for a backhoe is "retrocaveuse", but everybody calls them "pepines", after the guy who first imported them (Pepine). "Fridge", "Escalator", etc., are all now generic terms. "Jello" and "Kleenex" are close to becoming the same (in actual usage, they are already).

      Now, what do you think it means when someone says they're going to "Smith & Wesson" someone else? The analogy works.

  69. This is too ridiculous for WORDS by d00dman · · Score: 1

    har har har
    oh i kill me.

  70. Why is google pissed? by soorma_bhopali · · Score: 0

    It only implies that google has become so popular that people have started using it as a verb. That should make google happy. Why are they pissed off?

    1. Re:Why is google pissed? by KefkaFloyd · · Score: 1

      IANAL, but I think the issue is Dilution of trademark. That's why Xerox doesn't want you to say "I'm going to Xerox these papers" and Kleenex wants you to say "I'm goign to get a tissue" instead of "I'm going to get a Kleenex." Once a word becomes part of the common language, it cannot be trademarked. However, they have no legal authority to keep you from using it or to keep people from putting it in the dictionary (Since Xerox and Kleenex are in the dictionary, but listed as trademarks).

      --

      Conglom-O: We Own You (TM).
  71. Don't lawyers have a responsibility to be ethical? by Theovon · · Score: 1

    I once attended, as an observer, a swearing-in ceremony for the Florida Bar Association. From the judges conducting the ceremony, there was a lot of talk about "ethics" and "responsibility" and all sorts of other lofty things. It all sounded great.

    But then we have lawyers like this one who works for Google who produces and out-and-out LIE and professes it to be the truth. Unless he's a complete IDIOT, then he should know the law in this area. It's his speciality, after all.

    Makes me sick.

  72. common verbs by thanjee · · Score: 1

    In Australia it is very common to hoover the floor - I didn't even know it was a brand name until one day my mum asked me to go into the vacuum cleaner store and buy some bags for it. I asked for the Electrolux Hoover bags, only to have the guy ask me whether I want Electrolux ones or Hoover ones - Aren't they all for the Hoover?...... :)

    --
    Saying your OS is the best because more people use it is like saying MacDonalds make the best food
  73. This is absurd! by wiggys · · Score: 1
    We say "hoover the carpet" instead of "vacuum the carpet". We refer to a public address system as a tannoy as in "I'll just tannoy the staff to let them know" and we often refer to ballpoint pens as "biros".

    All the dictionary is trying to do is document and describe what the word means. Imagine if I said to you "I'm just going to YARRIC the goldfish" and you didn't know what it meant. Now, perhaps YARRIC is a name for the food the fish eats, or perhaps it's a chemical which helps keeps the fish's scales shiny... what Google's [tm] lawyers are doing is saying "You can't tell them what it means! It has to be a secret! Let them work it out!"

    The Google team are a great bunch of coders, thinkers and implementers, but their legal department wants shooting. They already remove content when pressured, now they're trying to control the damn English language!

    --

    Sorry, but my karma just ran over your dogma.

  74. Enough Google for ya? by mao+che+minh · · Score: 1

    At this rate, when you query the word "google" on google.com, it will no longer return "google.com" as the number one hit, but rather "slashdot.org"

  75. Doess anybody else by BigChigger · · Score: 1

    feel that Google is getting less and less cool as time goes on? I mean really, would the Google of 3 years ago have done this? It seems like just another example of a company taken over by lawyers and MBAs and it has lost it's soul in the process.

    BC

    1. Re:Doess anybody else by king_penguin_05 · · Score: 1

      If you had read the article, or a couple of posts, then you would know that this isn't nearly what the submitter made it out to be. They sent a polite letter that asked the people to acknowledge that they held the trademark. Google hasn't been "taken over," and if anything, Google is much better than it was 3 years ago. If you dislike them so much, however, then you are welcome to use a search engine that sucks.

      --
      "I can't drive 55. It only goes 38."
  76. again... by RyLaN · · Score: 1

    It's really just a standard we need to stop trademark dilution spheel. 'Member the O'Riley people complaining a few months back about "Slacking for Dummies"? There wasn't any real force behind the letters then, and there isn't now

    --
    At least the war on the environment is going well
  77. Google is right! by Halo- · · Score: 1

    IANAL, but...

    1) If they fail to attempt defend their trademark, they lose the rights to it. This means you could see competitors like "New! Microsoft Google. We Google like no one else!"

    2) They aren't asking him to delete all references, just note that the term is a trademark. I don't think that's too much to ask.

    From the link: We ask that you help us to protect our brand by deleting the definition of "google" found at wordspy.com or revising it to take into account the trademark status of Google. (emphasis added)

  78. I hope this catches on.. by chrispycreeme · · Score: 4, Funny

    Today on the way to work some guy Macintoshed my car. I am going to court to Microsoft him! IF that doesnt work I think I may hire some thugs to Exxon his ass and Nike his wife!

    1. Re:I hope this catches on.. by vanillacoke · · Score: 0

      This reminds me of the book im reading right now (jenifer goverment). In the story everyone takes on the corps name as their last. Like John Nike and John...Nike.....

      --
      The secret to getting modded up is to allways say i've got karma to burn in your sig..
    2. Re:I hope this catches on.. by Stealth+Dave · · Score: 2, Funny
      Today on the way to work some guy Macintoshed my car...

      You mean he painted it lime-green and charged you four times the price of a beige paint-job?

      - Stealth Dave
      Proud owner of an Apple iBook.

      --
      Evil is as eval("does");
  79. Nicest C-and-D letter I've seen by Just+Some+Guy · · Score: 5, Insightful
    The lawyer's letter ends with:
    We ask that you help us to protect our brand by deleting the definition of "google" found at wordspy.com or revising it to take into account the trademark status of Google.

    That seems like a perfectly reasonable and polite request. The folks at Google are now on record as trying to protect their trademark, and they were pleasant about it to boot. Note also that they provided a reasonable alternative to deleting the entry altogether. Presumably something along the lines of:

    google: v To search, particularly on the Internet. Et.: Google is the trademarked name of the Internet search engine at www.google.com
    would be sufficient for all involved. This sounds like much to do about nothing.
    --
    Dewey, what part of this looks like authorities should be involved?
    1. Re:Nicest C-and-D letter I've seen by josh+crawley · · Score: 2, Insightful

      It actually seemed a REAL PERSON wrote this, and not some lawyer. Infinitely nicer than the PCI archive C&D letter.

    2. Re:Nicest C-and-D letter I've seen by TheFrood · · Score: 1
      The lawyer's letter ends with:
      We ask that you help us to protect our brand by deleting the definition of "google" found at wordspy.com or revising it to take into account the trademark status of Google.

      That seems like a perfectly reasonable and polite request. The folks at Google are now on record as trying to protect their trademark, and they were pleasant about it to boot. Note also that they provided a reasonable alternative to deleting the entry altogether. Presumably something along the lines of:
      google: v To search, particularly on the Internet. Et.: Google is the trademarked name of the Internet search engine at www.google.com
      would be sufficient for all involved. This sounds like much to do about nothing.

      I think a more appropriate revision would go like this:
      google: v To search, particularly on the Internet. Et.: While the world "Google" is a trademarked name of a major internet search engine, trademark restrictions apply only to its use as a noun. Use of the word "google" as a verb is unrestricted by law.
      That explains things more fully, I think.

      TheFrood
      --
      If you say "I'll probably get modded down for this..." then I will mod you down.
    3. Re:Nicest C-and-D letter I've seen by odin53 · · Score: 1

      google: v To search, particularly on the Internet. Et.: Google is the trademarked name of the Internet search engine at www.google.com.

      I really don't think this is sufficient. Google is trying to prevent the "genericide" of their trademark, which is why the attorney says "This definition implies that "google" is a verb synonymous with 'search.' . . . we want to make sure that when people use 'Google,' they are referring to the services our company provides and not to Internet searching in general." Just mentioning that Google is a trademark owned by Google Technology wouldn't give any protection against genericide; "google" is still being defined generally as "to search." (It would, incidentally, protect against other trademark issues, but in this context, there's nothing other than genericide that's a likely problem.)

      A satisfactory change would probably be "to search the search engine owned and operated by Google Technology, Inc." I don't know if this is what Paul wants to do, but I'm sure this is the alternative to deletion that the trademark counsel intends. Put it this way: Google is not stupid. They know that the use of "google" as a verb is a good thing for the company. But they also know that to be good for them, "to google" MUST refer to searching on www.google.com, not any other engine.

    4. Re:Nicest C-and-D letter I've seen by ralphclark · · Score: 1

      I think you have hit the nail on the head. The definition of "to google" must refer to searching with Google itself, and surely this is the context in which it is normally used in practice. Otherwise we'd be saying "to altavista" or something.

      Why the hell would anybody want to use any other search engine than Google anyway? I used to use half a dozen different search engines, then relied heavily on Metacrawler for a while. But ever since Google arrived I've never found a need to go to any other search engine. There's nothing else out there anywhere near as good.

  80. Overreaction by Anonymous Coward · · Score: 0

    My understanding of Trademark law is that if you don't make a legal effort to keep your trademark from becoming a common use word, you can lose the trademark. All google did was ask that the definition they had take into account that google owned the trademark to the word. I saw no 'or else' clause in the letter. Seemed very polite to me.

  81. Credit where credit is due, but... by kwoo · · Score: 1

    My take on this is to give credit where credit is due. By all means, acknowledge that Google(tm) is a trademark. However, I think it's insane for Google(tm)'s legal team to get their knickers in a knot over being included in a dictionary. Especially if the same dictionary is willing to introduce a noun Google(tm) that acknowledges the trademark, and is willing to put a see-also reference in. The dictionary author hasn't explicitly offered to do this, but I think it would be reasonable to suspect that he would, since the link suggests he's willing to give credit.

    Of course, co-operation (by Google(tm)) doesn't buy their legal team expensive cars -- but aren't the legal team supposed to report to someone?

  82. Re:never work - But it must by Lil'wombat · · Score: 1, Redundant

    The issue is trademark law. If you allow your trade marked name to come into common usage you lose your trade mark protection. Thats why it is called Kleenex(tm) facial tissue, or Lycra(tm) spandex or Spam(tm) luncheon meat.

    If google the verb gets into the dictionary, then someone else could come along and start a MyGoogle.com search site and Google would not be able to shut them down.

    Their lawsuit won't stop you or I from using google as a verb, but it will stop journalists from propogating the use. Just like everyone says they are going to make a xerox, you wont find that usage in an newspaper article (not without a nasty letter from the Xerox Corporation!!)

    We spend a lot of time complaining about Copyright law on slashdot, but Trademark Law is just as screwy. I could Trademark JohnG for my online internet comment generating company and go around and get the accounts of JohnG's everywhere deactivated on every internet disucussion forum.

    --

    Truth: If it's not one thing, it's another

  83. As advised.. by new_breed · · Score: 1

    ..the site now has added the following line to their 'google' entry.

    "(Note that Google(TM) is a trademark of Google Technologies Inc.)"

    So that should end any furthur trouble.

  84. and his already done it... so... bfd by Halo- · · Score: 2, Informative


    google
    (GOO.gul) v. To use an Internet search engine such as google.com to look for information related to a new or potential girlfriend or boyfriend. (Note that Google(TM) is a trademark of Google Technologies Inc.)
    --Googling pp.

    1. Re:and his already done it... so... bfd by jcast · · Score: 1

      The problem is, what that implies is: Google is a trademark, but common usage ignores that. So, he implies that the trademark is about to go generic (i.e., invalid). I don't consider that acceptable, and I'd be surprised if Google does.

      --
      There are reasons why democracy does not work nearly as well as capitalism.
      -- David D. Friedman
  85. In other news... by MarvinMouse · · Score: 1

    Microsoft issues cease and desist to Oxford dictionary for use of hte word "Windows"

    Apple issues cease and desist to Oxford dictionary for use of the words "Macintosh, and Apple"

    Yahoo issues cease and desist to Oxford dictionary for use of the word "Yahoo"

    geez, you can go on forever.

    In case anyone doesn't know, google is a valid word that existed before google was even around. It stood for 10^100 , and a googleplex was 10^google .

    --
    ~ kjrose
    1. Re:In other news... by SoupIsGoodFood_42 · · Score: 1
      In case anyone doesn't know, google is a valid word that existed before google was even around. It stood for 10^100 , and a googleplex was 10^google.

      Really? I though that was googol, not google.
      It's even right there on their site.

      Besides, they trying to defend their trademark because it's being used as a generic term for searching the web, not a number--which you thought was the original meaning. You do have a clue about how trademarks work don't you?

  86. Why Reject Free Advertising? by SecGreen · · Score: 1

    They should just replace the entry with a competitor's name (get permission first of course). Although to "Altavista" isn't as catchy, and to "Yahoo!" has already been overused in a different context by Yahoo!'s marketing machine.

    --
    Dupe posts are /.'s tacit protest on the rights of users to time-shift content...
  87. Is this a cease-and-desist letter? by ChangeOnInstall · · Score: 1

    IANAL, but I'm not certain this is a cease-and-desist letter. Having read quite a number of legal nastygrams, this has to be the friendliest tone I've seen yet. It appears to be nothing more than a request, as it makes no real demand, and implies no negative consequences for noncompliance. I would imagine the Google attorney is well aware of the fact that verbs are not provided trademark protection. Looking at the present definition of google on wordspy.com, Mr. McFedries seems to have complied with the request, in that he makes mention that the term is trademarked by Google Technology.

    --
    What has *science* done?!? -- Dr. Weird (ATHF)
  88. They don't need to worry. by TheBigOh(n) · · Score: 1

    Using the word "google" as a verb looks pleasant and even amusing on paper, but let's face it: it just sounds ridiculous in conversation. If you are alone try actually uttering a sentence with the word google in it. It sounds horrible.
    This is a stretch. But let's say you are talking to a girl that you just met about searching the net and the word google pops out instead of the word search. I know if it were me in that situation, I wouldn't blame her if she never spoke to me again.
    So in short my theory is: the verb google will never catch on because every one will be too afraid to use a word that sounds wierd and makes you look like someone who spends too much time on the computer. Most people are much more concerned about what others think than the typical slashdot reader.
    If I am wrong, communication via Instant Messenger and words like google will suck out all the beauty left in the English language.

    1. Re:They don't need to worry. by foonie · · Score: 1

      Maybe the reason she won't talk to you again isn't because you used the word "google" but because you're talking about searching the internet? :)

      But seriously, I've heard both guys and girls use "google" as a verb. And as far as I know, both genders do use the Google search engine fairly regularly, so I don't see what the big deal is.

      On the other hand, it's usually a problem if you mention /. to a girl you've just met (unless you're lucky).

  89. Harm ? by IanBevan · · Score: 1

    What I don't understand is how "To Google" can possibly hurt Google. If anything I would have thought that it simply increases brand awareness.

    Now if I had created my own search site, and said "works like Google" or "Google compatible" or some such nonsense so that I was benefitting from the 'association' with Google, I could understand getting a 'cease and desist' order.

    As a complete side note, am I the only one who feels a little personally offended by the action of Google's lawyers ? Rightly or wrongly, Google in my mind has a reputation for being internet-community friendly. This action by their lawyers has, in my mind, blighted this reputation. Please don't say Google is going the corporate way and becoming just another big-named company with big-named lawayers. Or is this just inevitable ? Victims of their own (finiancial) success ?


    1. Re:Harm ? by IanBevan · · Score: 1

      Actually I take this back. Having read other people's comments, I can see exactly why they have done it. No, I don't want to see "Google - by Microsoft" thanks very much.

    2. Re:Harm ? by Anonymous Coward · · Score: 0
      Taken from WORDSPY:

      google



      (GOO.gul) v. To use an Internet search engine such as google.com to look for information related to a new or potential girlfriend or boyfriend. (Note that Google(TM) is a trademark of Google Technologies Inc.)

      --Googling pp.

      I think it is the Freudian view of WORDSPY that GOOGLE is against. Googling is a search in general, not an act of chasing after boy and girls. It's like labeling Kleenex as sperm removal tool or a carrot as a dildo.

  90. Think Xerox... it's a Trademark. by acq3 · · Score: 1

    On of the fundamental theories on trademark law revolves around defense. Xerox almost lost thier trademark for not defending their trademark. Google is just making sure the get to keep their trademark.

  91. Cease? Desist? by brettlbecker · · Score: 3, Informative
    Google's have sent a cease-and-desist letter to Paul McFedries, creator of the famous Word Spy site

    I can't believe this is being called a "cease and desist" letter. What is the deal with this bottom-sucking sensationalism? The letter simply said, look, that's our trademark, and we want you to either reference it adequately or remove it. It's since been referenced. Now, if Google doesn't think it's been referenced adequately enough, you might expect a second letter, which, if not followed up properly, might turn into a future cease and desist letter... but geez, this one was hardly threatening, and, as far as I know about copyright law, it was well within Google's rights to request that he reference their trademark.

    I suppose it's too much to ask for the submissions to not always have the aura of inane paranoia...

    B

    --
    "We must still have chaos within in order to be able to give birth to a dancing star." --Friedrich Nietzsche
  92. Is that a Cease and Desist? by syo · · Score: 1

    So...any lawyers out there care to comment on this?

    To me, the letter is a request that has no direct legal demands or implications, other than perhaps showing due diligence for an impending C&D. Sure it has a chilling effect, and we all know what this kind of letter means, but does this meet the legal defn of a C&D order?

    Am I incorrect in my understanding that a C&D actually requires the offending party to be ordered to cease and desist or risk further legal action?

    1. Re:Is that a Cease and Desist? by cenonce · · Score: 1

      I haven't read the entire letter, but based upon the snippets posted here on Slashdot, I'd say that is just a preliminary letter. They have plenty of time to "get nasty" if they want to. Based upon the hip, young, somewhat offbeat crowd I hear work at Google, it is actually nice to see a lawyer trying an alternative to "Stop or we'll sue!".

      Gives me some hope for my profession!

      -A

    2. Re:Is that a Cease and Desist? by darth_flannel · · Score: 1

      That letter was not a Cease and Desist by any stretch. It was an informal request. But it can certainly serve as notice to WordSpy of Google's claims. p.s. IAAL.

    3. Re:Is that a Cease and Desist? by phorm · · Score: 1

      Truly. If the people at google were smart though, they'd say:
      Stop... or we'll link you on slashdot.

  93. Use as a verb is step towards generic by cenonce · · Score: 4, Interesting

    They actually sent a cease and desist because use as a verb is clear signs that a trademark is becoming (or has become) generic. See TMEP 1209.01(c). As such, another party can use that as a defense if Google tries to claim trademark infringement. So I'm not surprised they sent the cease & desist and would have done the same thing.

    Anybody recall the Xerox ad of a few years ago... "There are two R's in XEROX(r) "? The whole purpose of that ad was to get people to realize that a) XEROX is a trademark and b) to stop using it as a verb (i.e., "I xeroxed this article for my friend") which causes it to lose its trademark status.

    Trademarks, though a form of intellectual property, are more about consumer protection than about restricting people from using certain words.

    -A

  94. Google should be happy about this... by BadElf · · Score: 1

    Why the hell is Google getting so ticked off about this? They should be happy that the world-at-large now equates "google" with the act of searching the internet. I don't hear of anyone "yahooing" or "alta-vista-ing" or even "lycosing" the web, even though they may use those sites to search.

    Google needs to get a clue.

    Maybe they could search for one.

  95. 'google' definition is screwy by megaversal · · Score: 1

    If I were Google, I'd have more issue with the actual definition.

    google
    (GOO.gul) v. To use an Internet search engine such as google.com to look for information related to a new or potential girlfriend or boyfriend. (Note that Google(TM) is a trademark of Google Technologies Inc.)


    When anyone I know says "I'm going to go google 'x'" we, first, always explicitly mean Google, but I think more importantly: never mean anything related to a "potential girlfriend or boyfriend."

    I "google" stuff all the time. As far as I'm concerned, it means "to look up information using Google." Does anyone actually use this purely to check out your new girl/boy?

    --
    Sig!
  96. Google seems to have got what they wanted by finkployd · · Score: 1

    Google wanted TradeMark association with that entry on WordSpy's site, and it looks like they go it:
    http://www.wordspy.com/words/google.asp

    Finkployd

  97. It's interesting to note by Slime-dogg · · Score: 1

    That Google's name is unoriginal in the first place. I can understand the makers of Spam, for instance, because the word Spam did not exist in the language until the meat product came about. Google, on the other hand, is a math term that I've used in competitive shouting matches since I was in 2nd grade. Oh yeah? I'm going to have a google! No, I'm going to have a google-plex!

    Google needs to get off of the crack.

    --
    You need to restart your computer. Hold down the Power button for several seconds or press the Restart button.
  98. Is Google a GENERIC verb? by gafferted · · Score: 2, Insightful
    The real question is not "Is google a verb?" but "Is google a GENERIC verb?"

    The lexicon suggests that google is a verb that can apply to any search engine. I would counter that the correct and current usage is that you only google on google.com.

    By way of contrast, I believe that "slashdotting" is a generic verb because for example, a listing in memepool might cause a site to be slashdotted.

    Andrew

    1. Re:Is Google a GENERIC verb? by perlchild · · Score: 1

      Interesting distinction.

      Makes me think we should make verbs of more things, to combat the overproliferation of "hostile" trademarks and patents.
      It's one of the few things were IP holders seem to have no defense against.
      It's interesting that "you cannot make a trademark from a verb" seems to be because such a trademark would leave consumers with no defense against the limited monopoly of that trademark...

    2. Re:Is Google a GENERIC verb? by el_jocko · · Score: 1

      This is certainly the only usage that makes sense to me. If you say that you're going to "google" something, my expectation is that you would perform a search on google.com, not just any old search engine.

    3. Re:Is Google a GENERIC verb? by BohemianCoast · · Score: 1

      In the sense of googling on a potential partner, I think you'd start with a Google search, but if that came up blank, or didn't give you enough information, you'd probably use other search strategies and still consider it to be 'googling' on them. So I think the verb is referring to a slightly broader practice that strictly a Google search; but views from people who do this sort of searching all the time would allow us to check the usage more precisely.

  99. Shame on Google by scotay · · Score: 1

    Google's band aid approach to brand protection should be xeroxed across the land for all to google the stupidity. This just makes me want to tear them up like a kleenex at a snot party. They would be advised to snap a polaroid of public sentiment before pursuing this unwise course. They may need a bufferin and some vaseline before the public backlash is over.

  100. More fun. by Anonymous Coward · · Score: 0

    Google
    Googled
    Googler
    Googlisation
    Googleiser
    Googlificate
    Googlifiation
    Googleify
    Googlism
    Googlist
    Googlogy
    Googlelistc

  101. So I was Hoovering(tm) my rug the other day by kfg · · Score: 1

    You should see my vacuum, made by Eureka(tm), and it's a Dusie(tm). I felt like taking a break so I Osterized(tm) up a shake and went out for some Frisbeeing(tm). Had a little spill and I had to Band-Aid(tm) it, but it were nothin' really. If I hadn't been playing on the macadam(tm) I wouldn't have gotten hurt at all.

    So all and all I was feeling pretty good when the mail came. A letter from the firm I applied to was in there. Man, they Borked(tm) me. I hate when that happens.

    Well, guess it's time to pull the Brougham(tm) out of the garage and start pounding the pavement again. Maybe I should be a bit more Machiavellian(tm) this time.

    KFG

  102. Ok, we'll just Barney for it ... by pyramid+termite · · Score: 1

    ... as in Barney Google ...
    Whatever happened to grepping, anyway?

  103. I still use the word "search"... by Jugalator · · Score: 1

    Is that old now?

    Usually, it's no doubt about what exactly I'm saying one should search from the context.

    - Where can I find info about that new space sim?
    - Search for freelancer.

    "To google" sounds like a redundant verb to me...

    - Google for freelancer?

    Sure there's no doubt about what search engine I'd like him/her to use, or at least that the web should be searched, but is that information really necessary? Would the person really think he'd search for an article about it in a computer mag? Or search for a CD-ROM at home that might contain a demo version of the game? And if my information would remind him/her that there *was* recently an article about Freelancer in a mag -- fine, that might be just as good info as you'd find on the web.

    Perhaps that's a poor example because it's a computer game which is often related to the internet. But there would still be easy to understand what one would mean by saying:

    - How old did Albert Einstein become?
    - Try searching for einstein and age.

    I'd like to see the person that walks to the local library looking for information about Albert Einstein and "age", etc.

    --
    Beware: In C++, your friends can see your privates!
  104. People Seem to get the wrong impression here. by Anonymous Coward · · Score: 0

    I think it needs to be made absolutely clear the difference between GOOGLE'S IP lawsuit, and the other IP lawsuit you're comparing it to. There is a significant difference between a TRADEMARK and a COPYRIGHT. In terms easily understandable, a WORK is COPYRIGHTED, whilst a TRADEMARK is a term used to DISTINGUISH a WORK from another's. There's another integral difference as well - COPYRIGHTS also restrict DERIVATIVE WORKS. Personally, I believe copyrights ARE too RESTRICTIVE (the derivative works clause has crushed more innovation than I care to mention). .... but I digress from my real point -
    Google is Justifed in it's request to preserve its Trademark. The trademark isn't being used to stifle competition (to the detriment of the public). They need to take this kind of action to keep other business from stealing their name. Is it really that unreasonable to ask that people don't turn your name into a verb?

  105. Prior art in comic books? Barney Google c.1919 by tezzer · · Score: 1

    The 1919 King Features comic "Take Barney Google, Fr'instance", and the 1923 Billy Rose song, both feature a character named Barney Google, with "goo-goo-googly eyes". Prior art? See a reference at http://www.toonopedia.com/google.htm

    --
    (Celui que tient la peur de devinir nuage)
  106. William Gibson uses it in his latest novel by Anonymous Coward · · Score: 0

    In "Pattern Recognition", William Gibson's new novel, the word is used twice on the first page, as a way to describe the main character. Something like "Google her and you will find blah blah"

  107. A precedent. by tarquin_fim_bim · · Score: 1

    From:Dictionary.com
    hoover

    n
    1: 31st President of the United States; in 1929 the stock market crashed and the economy collapsed and Hoover was defeated for re-election by Franklin Roosevelt (1874-1964) [syn: Hoover, Herbert Hoover, Herbert Clark Hoover]
    2: (trademark) a kind of vacuum cleaner [syn: Hoover] v : clean with a vacuum cleaner [syn: vacuum, vacuum-clean]

    Google would be on sticky ground here then.

  108. Re:Let's make Google a pejorative instead. by Anonymous Coward · · Score: 0
    Lets make Google a pejorative instead.

    You forget the ever-useful "Go google yourself!" and "Google you!"

    I suppose eliding will eventually reduce it to "Goog it!" or merely "Goog!" I'm sure that future etymologists will have a field day trying to explain where *that* came from.

    ['...Some linguists, however, feel that the term is simply derived from the gurglings of babies, akin to the onomatopoeic "Goo-goo!" or "Gah-gah!"...'] --Toward a Theory of the Derivation of the Term "Goog" : Submitted for the Degree of Doctorate of Philosophy, University of Upper California, 2262

  109. Isn't google 10^100? by SeattleDave · · Score: 1

    I thought it was a math term defined decades before Brin et al. started Google thr company. There's also "googleplex" which I though was 10^100^10 (or something like that).

  110. Xerox, Kleenex by xod · · Score: 1

    There was a time when all companies aspired to having their brands be household generic terms, like xerox and kleenex -- terms that no longer even deserve capitalization, as they are now accepted words. The moral is your lawyers need to always be kept on a short leash, otherwise they'll make your company look like jerks and conflict with the overall goals.

  111. You are correct by emptybody · · Score: 1

    I do not remember where I read it.
    Yes, the origin of google is "Go ogle"
    it is also a pun: a googol is a large number, actually a 1 with 100 xeroes or 1*10^100

    it has also been seen in print to refer to making faces at babies. "google at infants" or making googlie eyes.

    How do you describe cookie monsters eyes?
    They are googlie!!

    --
    comment directly in my journal
    1. Re:You are correct by HiThere · · Score: 1

      And "googlie eyes" are derived from Barney Google (as in "Barney Google and Snuffy Smith"). And it's also the name of the plastic eyes with the mobile black dots inside of them.

      But I'm not sure that it's related to the web site.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:You are correct by Anonymous Coward · · Score: 0

      Yes, the origin of google is "Go ogle"

      You are completely wrong.

  112. To Google... by Anonymous Coward · · Score: 0

    I do believe a complete entry in the dictionary should, at least in its references, identify the source/derivation of the term. In the same way many have replaced "Cola" with "Coke", a complete definition of the word should at least note that it is derived from the drink Coca-Cola or Coke...

  113. I just have to know... by PetoskeyGuy · · Score: 0, Offtopic

    Off Topic but...

    Timothy,

    Is posting to Slashdot your full time job?? ;o)

  114. The problem seems to be the definition by aoteoroa · · Score: 1

    and not the fact that people are using the word google as an abbreviation for "to search google"

    WordSpy defined google as:

    google (GOO.gul) v. To use an Internet search engine such as google.com to look for information related to a new or potential girlfriend or boyfriend. (Note that Google(TM) is a trademark of Google Technologies Inc.)

    I disagree.

    If I told someone to "google jbuilder" I mean to tell them to search google.com for the string "jbuilder" and am not suggesting that they use some other search engine like yahoo.com or astalavista.box.sk. And the phrase about "related to a new or potential girlfriend or boyfriend" seems silly and wrong in this case.

    I suggest a simpler definition be used:
    google (GOO.gul) v. To use google.com to look for information. (Note that Google(TM) is a trademark of Google Technologies Inc.)

    This definition would allow people to continue to use google as a verb, and at the same time is not watering down google's trademark because it explicitly and exclusively refers to Google Technologies.

    1. Re:The problem seems to be the definition by qwertyphobia · · Score: 1
      The article on WordSpy does note the other, more general, definition that you suggest:
      Note, too, that people are using google as a more general verb meaning "to use an Internet search engine, particularly google.com":
      It might be that they're using the main definition that they *are* using because they have definitive references to its use in published articles. Dictionaries tend to be strict on how often a word must appear before it can make it into the dictionary. They don't just go on hearsay.

      So although it's a strangely specific definition to choose, it is simply reflecting current usage. How does this affect the legal position? If they are just reporting other people's use of the word, can they be banned from doing that if Google so decide?

  115. I thought companies liked this sort of thing by jacklebot · · Score: 1

    When I want a tissue, I say I want a kleenex. This means I have permanantly associated the company Kleenex with tissue paper. In other words, I'm not gonna buy a box of tissue unless it says Kleenex on it.
    Its the same way with web searches and google. Why wouldn't a company be proud of such an honor and happy for the free publicity?
    Jackal

  116. They better sue Gibson, too by CodeWheeney · · Score: 2, Informative

    William Gibson's new book, "Pattern Recognition", uses google as a verb quite extensively.

    Gotta go now, gotta get a klenex.

    --
    C8H10N4O2 | Developer > Code
  117. To google by DunbarTheInept · · Score: 1

    Google: (v) To multiply something by 10^100.

    What the hell does that have to do with search engines?

    --

    Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    1. Re:To google by Quixotic+Raindrop · · Score: 1

      In addition, the Noun form of the word Google is a 1 followed by one hundred zeros. I'm mystified as to how that could be trademarked by a company who didn't invent the term? (IIRC, some mathematician's son came up with the word, lo these many years ago ... at least ten, maybe more like thirty?).

      --
      Only two things are infinite, the universe and human stupidity, and I'm not sure about the former. (Einstein)
    2. Re:To google by Theaetetus · · Score: 1
      Sorry, no - that's a 'googol', not a 'google'.

      -T

    3. Re:To google by Quixotic+Raindrop · · Score: 1

      Good point, thanks for the correction.

      But, homophones aren't eligible for trademark, are they? If that were the case, I could trademark Dizknee (like, the song title?). That just seems stupid. *sigh*

      --
      Only two things are infinite, the universe and human stupidity, and I'm not sure about the former. (Einstein)
    4. Re:To google by Theaetetus · · Score: 1
      Yes and no... Homophones are eligible for trademark for the first one that gets trademarked, but after that are not eligible - if they weren't eligible period, then not only could you not trademark Dizknee, they couldn't trademark Disney, 'cause it sounds like Dizknee.

      If 'googol' had been trademarked, then 'google' could not have been. As is, though, it can.

      -T

    5. Re:To google by Quixotic+Raindrop · · Score: 1

      Except that the term Googol, which is a homophone of Google, is a well-established term, trademarked or not. Trademarks must be unique, I thought, and Google certainly doesn't qualify on that criteria. This is one reason why Microsoft lost the Trademark infringement suit against Lindows (or, at last check, had been handed some not-so-good-for-Microsoft rulings, at least), because Windows is not sufficiently unique. It certainly seems to me that Google should not be trademark-able, specifically because it is a homophone of a term which can't be trademarked, IIRC (mathematical terms). *shrug* Maybe I expect too much?

      --
      Only two things are infinite, the universe and human stupidity, and I'm not sure about the former. (Einstein)
    6. Re:To google by Theaetetus · · Score: 1
      Ah... Apple? Ford (homophone of fjord)? For that matter, Taurus? Or the Segway (segue)?

      The reason MS lost the Windows trademark suit was that they were not the first to use "windows" as a term within computing and operating systems... "windowing systems" existed long before hand, and the Mac had been using them in help documents for years prior.

      If you can trademark Ford, surely you can trademark Google.

      -T

    7. Re:To google by Elentar · · Score: 1

      Ford is not a homophone of fjord. Nor is it a homophone of fnord fnord. It's a homophone of phord, foured, fored and possibly Chevy.

      *duck* Seriously, though, I'm sure words from other languages don't count toward determining homophones unless they're used in English, and even then, probably just the 'Great Middle American' dialect of English.

      -Elentar

      --
      The wheel it turns, around and around, with an ancient rumbling sound.
    8. Re:To google by Theaetetus · · Score: 1
      Quite correct...

      I amend - ford: v. to cross a stream. :)

      -T

  118. New Definition: google by stand · · Score: 3, Funny
    google
    v. googled, googling
    1. To search for as in on the Web. After the Internet based search engine company. Usage: I googled my blind date before got ready to go and found out she's a felon.
    2. To engage in the practice of sending stupid cease and desist letters in an attempt to alter the natural evolution of language usage. After the same. Usage: Holy Crap! My Star Trek fan site just got googled by Paramount.
    --
    Four fifths of all our troubles in this life would disappear if we would just sit down and keep still. -C. Coolidge
  119. This sounds like the free PCI list by pclminion · · Score: 1
    This sounds just like the case with the free PCI device list. The fundamental problem is not the USAGE of the trademark, rather the fact that it is not clearly marked AS SUCH.

    Rather than throwing a hissy fit, I suspect the problem can be resolved by simply placing a small note next to the "Googling" entry reminding the reader that "Google" is a registered trademark.

    1. Re:This sounds like the free PCI list by kmellis · · Score: 1
      This sounds just like the case with the free PCI device list. The fundamental problem is not the USAGE of the trademark, rather the fact that it is not clearly marked AS SUCH. Rather than throwing a hissy fit, I suspect the problem can be resolved by simply placing a small note next to the "Googling" entry reminding the reader that "Google" is a registered trademark."
      Wow. You just wrote an "IANAL" post speculating on a legal matter using an analogy involving esoteric PC hardware issues. You epitomize the Slashdot culture. Congratulations.
  120. Why Google doesn't want to be a verb. by Anonymous Coward · · Score: 0

    The reason why google does not want to be a verb is that U.S. law prohibits trademarking nouns or verbs (and probably a few more things as well). Those of you who played with Legoes when they were young (or now) will remember a part of the instructions asking parents to please refer to them as "Lego Building Blocks". That's because if a trademarked word comes into common usage as a noun or verb, it can lose its trademark status.

    There's other language in U.S. trademark law that says you have to "vigorously defend" your trademark or you can lose it as well. I'm not sure if that comes into play here or not.

    I'm pretty sure this is all about trying to maintain their trademark, because it really would suck if they had to change their name to "Gooooooogle".

  121. New verb: goatsecxed by Anonymous Coward · · Score: 0

    An example of usage:

    The bright, young man had a promising career in computer science until the day he was goatsecxed. From that day forth he turned into a demented, sexual predator googling skid row for transexual prostitutes.

  122. Google has a clue... by Da+VinMan · · Score: 1

    IANAL, but to successfully hold a trademark (in the US at least), you have to prevent it becoming part of everyday language. If your trademark becomes part of everyday language, you no longer have a trademark. Then every yahoo (pun intended) in town can use your trademarked symbol.

    That's the law. They *HAVE* to defend their trademark. If they do not, they lose it. Their trademark is worth a lot to them. Name recognition is very important.

    --
    Please mod this post only if you think others should/n't read this. I have enough ego^H^H^Hkarma. Thanks!
  123. Re:never work - But it must by drmofe · · Score: 1

    My word list contains: GOOGLE, GOOLED, GOOGLES, GOOGLING

    A GOOGLY is an English cricketing term. So to be GOOGLED is to be bowled out by a weird delivery. So it's already a verb. They probably shouldn't have been allowed to trademark what was already in common usage.

    Interesting to see a legal challenge to stop language development. "Cease and Desist" letters should better be labelled "barratry". Too many scum-sucking lawyers on this planet for my liking.

    STF

  124. You better... by shadwwulf · · Score: 1

    ...Xerox the site before it becomes slashdotted and you feel like going postal.

    Welcome to the wacky world of terms becoming generic over time...it's a trademark lawyer's nightmare.

  125. Already Changed by sjlutz · · Score: 1

    For those that didn't check it out at WordSpy.com:

    (GOO.gul) v. To use an Internet search engine
    such as google.com to look for information
    related to a new or potential girlfriend or
    boyfriend. (Note that Google(TM) is a
    trademark of Google Technologies Inc.)

    --Googling pp.
    Emphasis added by me.

    My comment about this is pretty straight-forward, it's their trademark, but it's everyones language. The cat is out of the bag, so to speak. For the more obscure references, Typewriter used to be a brand name too.

  126. Barney Google with the googly-googly eyes by AmberWaves · · Score: 1

    This song was published in 1923, using capped and lower cases. How about prior use ?? Since Bert and Ernie featured the numbers 1 through 10 on Sesame Street, will we need to type 1TM, 2TM, 3TM... ??? I think I will just trademark the whole darn alphabet, on letter at a time.

  127. Re:And Kleenex, and Coke... by cindik · · Score: 1

    IIRC, both Kleenex and Coke get pretty peeved about their names being used generically for facial tissue and cola, respectively. Ever order a "coke" in a restaurant and have them ask "Is Pepsi (or RC or Belchy Cola or what have you) OK?"? I have. This happens more often in large chains which stand to get called on by lawyers.

    Bayer lost the name Aspirin that way. Anyone can call their acetysalycitic acid "aspirin" nowadays.

  128. Pretty Sad by Anonymous Coward · · Score: 0

    I think google rocks, but this is seriously just a stupid law suit that makes them look really bad. I thought a smart company like Google would have better manners and maybe even take it as a compliment. Its not like the site claimed to have invented the name, nor did they claim rights to it. I dont think they made money of it...
    So,
    Really bad PR move.

  129. Searching for a date? by ellocogato · · Score: 1

    Am I the only one who has NEVER heard "google" used in the context of searching for a date?

    As a verb it has definitely become synonymous with "search", though.

    My other question is, why would Google argue? It would seem to me that it would only promote the use of the Google search engine.

  130. Resistance by Anonymous Coward · · Score: 0

    is futile, your verb will be added to our lexicon.

  131. Another Thing by sjlutz · · Score: 1

    Is WordSpy's definition correct? I have always used the phrase "to google" meaning just to search the web.. Wordspy has it more about searching for info/dirt about someone using a search engine.. "I googled her before I asked her out"

  132. Re:never work - But it must by Golias · · Score: 5, Funny
    Thats why it is called Kleenex(tm) facial tissue, or Lycra(tm) spandex or Spam(tm) luncheon meat.

    Huh. I always thought Spandex was the brand and Lycra was the fabric...

    Turns out that you are right, though. Lycra is the trademark. To confirm that you were correct, I googled for the answer.

    --

    Information wants to be anthropomorphized.

  133. Google It! by malachid69 · · Score: 1

    I don't know about everyone else, but I commonly say "I'll just google it", meaning that I am going to look it up on Google.

    Now, what would they want to get rid of that concept? Its obviously just one of those immoral lawsuits to make more money.

    Malachi

    --
    http://www.google.com/profiles/malachid
  134. RTFA by siskbc · · Score: 1
    They have to go after it, because it is an infringing use of their Trademark. Otherwise, they lose the trademark.

    Not true, as pointed out in the article. Since the guy has every right to do what he's doing, they have no obligation to even attempt to stop it. In general, you are correct, but not for this. Their position is like saying that the news couldn't do a story on Microsoft because the name is a trademark. Bullshit.

    They're just getting edgy here, and probably they fear a slippery slope argument into ubiquity (and thus lack of trademark), but this is ridiculous.

    It's funny, because Google got where it was because people trusted them (ie, their search results wouldn't be confounded with ads). Google is pretty well respected among net users. I dunno why they would want to go off sounding like a bunch of assholes. Probably a case of marketing not talking to legal.

    --

    -Looking for a job as a materials chemist or multivariat

    1. Re:RTFA by shyster · · Score: 5, Insightful
      Actually, that was one of the nicest C&D letters I've ever seen. The lawyer specifically mentions that:
      [the WordSpy.com]...definition implies that "google" is a verb synonymous with "search."

      Which, IMO (and others already voiced) is incorrect. To google, or googling specifically implies using google.com to search...not just any search engine. I don't know how the definition was listed beforehand, but the current definition includes

      "...people are using google as a more general verb meaning "to use an Internet search engine, particularly google.com""

      which is closer to the truth.

      The C&D letter then points out that

      we want to make sure that when people use "Google," they are referring to the services our company provides and not to Internet searching in general

      which is perfectly reasonable, considering that it was their name and search engine that is being used as part of popular slang.

      And then, they even give wordspy.com an easy out:

      We ask that you help us to protect our brand by...revising [the definition] to take into account the trademark status of Google.

      which seems reasonable to me, once again. Why not honor the search engine that has become a daily part of life for millions of users? It does no harm to the usage or definition of the verb, and is actually more accurate.

      All in all, I wouldn't even call this a C&D letter. More like a, "Hey! Show us some respect" letter.

    2. Re:RTFA by siskbc · · Score: 1
      It may be nice for a C&D, but they're still not obligated to change a thing. It could be argued that googling means either searching in general or searching google - as for usage, I don't think that's clear at all and the maintainer of the dictionary is entitled to his own opinion on the matter, certainly. Point is, I don't believe he is using the word in any way that violates trademark protection.

      I do agree though - most companies would have flat-out insisted on a removal, and that's in Google's favor. Since 1) they didn't threaten and 2) allowed for a non-deletion solution, I'd be inclined to accomodate them.

      Personally, I think the definition is fine now (like you say, dunno if this is pre- or post-C&D). If Google lets it go as-is, then they come out looking OK.

      --

      -Looking for a job as a materials chemist or multivariat

    3. Re:RTFA by Stonent1 · · Score: 1

      I thought the same exact way when I read the article. I get irritated when I tell someone to google for something and they use MSN or Yahoo. Usually when I say to google for something it means they will find exactly what they wanted within the first 3 or so links. My fav. is "How do I install linux on a laptop" Go to www.google.com and type linux laptop. Click the first link.

    4. Re:RTFA by Rob+Riggs · · Score: 1
      My fav. is "How do I install linux on a laptop" Go to www.google.com and type linux laptop. Click the first link.

      A Real Googler(tm) would save a step and have them just click the "I'm Feeling Lucky" button. :-)

      --
      the growth in cynicism and rebellion has not been without cause
  135. Re:never work - But it must by leviramsey · · Score: 2, Interesting

    You can trademark what is in common usage, as long as the usage does not have anything to do (within reason) with what you're using the trademark to refer to.

    Thus, Microsoft's trademark of "Windows" does not in any way stop Andersen from using the term in conjunction with their glass products. The question would still remain, however, as to whether "windows" in the computing sense (ie boxes on screen with text and/or graphics within them that are movable and so forth...) renders the term untrademarkable in that environment.

    But, if I wanted to launch a new candy bar, I could call it Windows, and even trademark that term within the limited domain of "food products".

  136. Re:never work - But it must by Anonymous Coward · · Score: 0

    The people take some responsibility, if they allow others to control their actions and thoughts without seeking the protections of due process to prevent it. You really don't "have to" do anything until served with a court order. Until then, you can defend yourself, and you can insist that a jury decide each and every issue in a hearing.

  137. Do domain names make trademarks obsolete? by Sanity · · Score: 2, Interesting
    For a company which does its business online, and which owns its domain name, surely the concept of a trademark becomes somewhat obsolete. Wouldn't the common usage of the verb "to Google" meaning "to search" increase the value of the domain google.com?

    IMHO, this is a typical case of a laywer being too trigger-happy to appreciate the big picture. If I owned google.com, widespread use of the term "google" would be music to my ears, trademarks be damned.

  138. WTF, dating? ? ? by Cokelee · · Score: 5, Insightful
    google (GOO.gul) v. To use an Internet search engine such as google.com to look for information related to a new or potential girlfriend or boyfriend. (Note that Google(TM) is a trademark of Google Technologies Inc.) -The World Spy - google

    No, just no. Google has nothing to do with looking for a potention girlfriend or boyfriend or friendly friend. Not even an adequate definition. To google is NOT to use "a" search engine, it is to use Google. I don't call it "googling" unless I use GOOGLE!

    What the hell is wrong with these people?!?! Dating . . . any search engine . . . these people have never GOOGLED!

    1. Re:WTF, dating? ? ? by Theaetetus · · Score: 1
      Absolutely - that's googlestalking. :)

      No, I've heard of people 'googling' their SO. But then, I also 'google' information on all sorts of stuff. But it's only when using Google... as if I'd ever use another engine.

      I'd say that these Wordspy people have never actually used the term themselves, or understand its use.

      -T

  139. no, YOU cease and desist! by Anonymous Coward · · Score: 0
  140. Just in case.. by zcat_NZ · · Score: 1

    Just in case Google ever gets slashdotted, here's a mirror

    --
    455fe10422ca29c4933f95052b792ab2
  141. Don't judge Google too harshly... by Anonymous Coward · · Score: 0

    IANAL, but IIRC, if a company wants to protect a trademark, they have to be able to demonstrate that they have taken measures to prevent their trademark from becoming a generic term for something, i.e. part of the lexicon.

    Companies like Xerox, Coca Cola and Kleenex have had to do this for years. It's not important that they're successful, just that they can show that they've made the effort. That way, for example, if someone starts selling facial tissues as "Smith's Super-Soft Kleenex" then the Kleenex people will have legal recourse.

    The Google people probably don't mind that "googling" now is widely recognized to mean "searching for information on the web." But unless they can document later on that they tried to prevent it from becoming a generic term for using a search engine, they might not be able to prevent someone from creating "Billy Bob's Google Page."

  142. Re:To google - correction by Wubby · · Score: 1

    Not to be a word Nazi (but I will be)

    10^100 is a googol, not a google.

    --
    Sig
    Appended to the end of comments you post. 120 chars
  143. Wouldn't you like to be a google too? by Anonymous Coward · · Score: 0


    I just googled for 'googled'. 12,700 hits. It's a verb. :)

  144. But you can claim a number? by jsimon12 · · Score: 1

    "you can't claim proprietary rights to a verb"

    But you can claim rights to a number, last time I checked a google was 1 with a 100 zeros behind it and a googleplex was a 1 with a google zeros behind it. So can I name my site "ten" and then get a mark on ten so no one can turn it into a verb?

    1. Re:But you can claim a number? by sashang · · Score: 0

      Was going to make a similar comment but you beat me to it. Companies should not be allowed to steal words from a language, piss on them (like a dog marking its territory), and then claim they own the word.

  145. Search engines are specific by Gerry+Gleason · · Score: 1

    I would never use "to google" to generically mean use any search engine to find something on the Net. The fact is that anyone who actually uses search engines knows that they don't work the same, and they don't have the same databases of links to search. It's just not like Kleenex or Xerox where the equivalent products really aren't easily differentiated. In fact, it is quite a tribute to their success that most people use "to google" literally to mean go do a search at google.com. Of course, it wasn't that long ago that Yahoo had the same status, and now they aren't really that significant. It is always possible that Google will suffer the same fate someday, possibly soon. I doubt that "to google" will remain the popular phrase it is today when/if that happens.

    1. Re:Search engines are specific by manyoso · · Score: 1

      "The fact is that anyone who actually uses search engines knows that they don't work the same ..."

      What on earth do you mean? Generally you enter a string and it returns hyperlinks of 'matching' results. Just because Google uses a different algorithm or has other differences does not mean they don't belong to the same general class of 'internet search engines'.

      Google is the best of the bunch hence the new word 'google' -- to search online.

    2. Re:Search engines are specific by swv3752 · · Score: 1

      Teoma is almost as good but I still go to Google first.

      --
      Just a Tuna in the Sea of Life
    3. Re:Search engines are specific by Gerry+Gleason · · Score: 1
      I mean exactly what you stated "different algorithms and other differences". For most people, this is very significant, particularly WRT the issues like "pay for position" and other nasty problems.

      In truth, it could go either way, and you would probably have to do a survey to find out. I maintain that most people mean "search Google.com" when they use "google" as a verb, and they would not use it to mean "search Yahoo.com" or any other engine. Generically, saying "web search" or something else suitably generic isn't more complex than saying "google it", so why not be accurate. People say "google" because that is the engine they use, and people hearing "google" can and to translate to "may favorite search engine", but I don't think people would say it if they aren't using it.

    4. Re:Search engines are specific by Annamite · · Score: 1

      Do you .... yahoo?

    5. Re:Search engines are specific by aminorex · · Score: 4, Interesting

      My daughter said she was googling for her other sock,
      yesterday. I think it's coming to mean much more
      than just searching online. More like, searching
      every possible location. A comprehensive search.

      --
      -I like my women like I like my tea: green-
    6. Re:Search engines are specific by dspeyer · · Score: 1
      Now the fun starts when a couple of years from now someone tries to set up another "googler", and argues in court that the word is genericized, and google enters this slashdot thread as evidence to the contrary!

      So spell check your posts -- they could be legal documents!

      hmm, I wonder how they'll regard this post...

    7. Re:Search engines are specific by subVorkian · · Score: 1

      That's me in the corner
      googling my religion

    8. Re:Search engines are specific by dpille · · Score: 1

      I really like that picture. 'Mom, please give me some ideas of where one might find socks.' 'Dad, please tell me where you find lost socks.' 'Mrs. Crabapple...' Then she ranks locations based on their frequency/importance of citation in the answers she gets, and looks in those locations sequentially until she finds her lost sock.

      Not really much like just looking around for a sock.

  146. Change the trademark law. by FacePlant · · Score: 1

    If you cannot trademark a verb, and you must protect your trademark, then we should change the law to explicitly define the verbing of one's trademark as not being dilution.

    The somebody who tells you to "google for it", or even "Google for it" will not be diluting your trademark, but some cretin who says "Google for it on [OTHER SEARCH ENGINE]" should get a nice beat down from the corporate lawyers.

    --
    My Heart Is A Flower
  147. Do nothing by Anonymous Coward · · Score: 0

    They can't stop it. Google is a verb. I use it, you do, everyone does.

    If the google lawyer sends you a cease-and-desist about your website just add "Trademarks owned by their respective owners" somewhere. They'll soon run out of paper, and the only ones hurt is the forest and google. I feel sorry for the forest.

    Trademarks in this comment owned by their respective owners.

  148. Google is right. by Anonymous Coward · · Score: 0

    Google is just saying that "to Google" means to seach for something using Google. It does not mean "to search for something on the internet."

    Google is right. They are telling WordSpy to fix their shitty definition before people like my mom start Googling up some stuff at anywho.com or AltaVista.

    They don't have a problem with it being a verb, they just don't want it to be a common-use verb that refers to using SOMEONE ELSE'S product.

    Which is right.

    Some of the things people throw a hissy fit about on here are ridiculous.

  149. Just like the term 'microsoft' by HermanZA · · Score: 2, Funny

    or 'billyware' which means: Expensive, crappy software that crashes unexpectedly...

  150. "Google" is a non-proprietary noun as well by g4dget · · Score: 1

    If you search USENET, you'll find that there are about 1300 uses of the word "google" prior to 1995, a variant spelling of "googol". One google/googol = 10^100. So, not only is it a verb now, it has been a variant spelling of "googol" since before Google even existed.

  151. Kleenex is in my dictionary. by nlinecomputers · · Score: 1

    Kleenex is in my dictionary as a proper noun. Google.com may wish to sue but I don't think that they can get away with it. The most I think they could do is have a second definition as a proper noun listed. Which this online site might allready have.

    --
    Slashdot, home of supporters of free software, free music, and free speech.Except for Moderators that disagree with you.
  152. Typical Slashdot beat-up by Michael+Woodhams · · Score: 3, Informative

    The /. story seems to me to greatly exagerate the facts.

    The letter is a polite request - not a 'cease-and-desist'. All that they ask is that the dictionary entry acknowledge their trademark:

    We ask that you help us to protect our brand by deleting the definition of "google" found at wordspy.com or revising it to take into account the trademark status of Google

    Do they have the right to demand this? According to one of the links in the story, probably not. It is polite and sensible for Word Spy to do this? Yes. Have they done this? Yes:

    (GOO.gul) v. To use an Internet search engine such as google.com to look for information related to a new or potential girlfriend or boyfriend. (Note that Google(TM) is a trademark of Google Technologies Inc.)

    --
    Quattuor res in hoc mundo sanctae sunt: libri, liberi, libertas et liberalitas.
  153. If I were him by joshv · · Score: 1

    I'd take this lawyer's spam, wipe my nose with it as if it were so much kleenex and suck it up with the hoover.

    -josh

  154. Google doesn't have a choice by ageitgey · · Score: 4, Informative

    Trademarks (in the US at least) tend to be divided by courts into four strengths in the US. The strongest are made-up words, then the next strongest are regular words applied to product competely unrelated to the word. In other words, "Linux" or "Coca-Cola" are very strong marks because they are made up words. "Google" might be construed as a made up word, and thus very strong. But even if "Google" is interpreted as just a form of the math term "googol", it is still strong because it isn't applied to math. Thats how people can trademark regular english words with almost the same strength as a made up word. But I couldn't trademark "Red Apple" brand apples easily or at all because it just describes what it is.

    The problem is that if Google doesn't actively protect their mark and it becomes a word on it's own, then in effect the word "Google" just describes "Google" because it is a word with it's own meaning, refering to a type of search engine. Then they lose the ability to renew their trademark and prevent others from using it.

    So then I would be able to create www.googleit.com or www.gogoogle.com. That wouldn't be very good for their business.

    --
    Uninnovate - Only the finest in engineering.
    1. Re:Google doesn't have a choice by iggymanz · · Score: 0, Informative

      Google is not a made up word, it is ten to the one hundreth power

    2. Re:Google doesn't have a choice by SilentTristero · · Score: 2, Informative

      I think you mean googol.

    3. Re:Google doesn't have a choice by cpt+kangarooski · · Score: 1

      Correct, 'googol' is the mathematical term. However, it doesn't really matter. Mispellings, acronyms, etc. are irrelevant for trademarks. For example, 'EZ Chair' is considered to _actually_ be 'Easy Chair.'

      So the 'google' spelling won't help them especially.

      At any rate, 'google' is a suggestive trademark, because it references the mathematical meaning in implying the scope of its search capabilities.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  155. House Cola by Anonymous Coward · · Score: 0

    Whenever I'm in a place that raises that type of question, I'll order the "house cola". It makes me feel sophisticated, for a second or two.

  156. What about Kleenex, 'Coke', or 'Pepsi'? by Aslan72 · · Score: 1

    I would think that to add a name to a dictonary is the highest possible market penetration that a company could achieve. When someone calls a product by your name (e.g. who doesn't call facial tissues 'Kleenex' or depending on your preference go into a restaurant and ask for a 'Coke' or a 'Pepsi' only to be told...we have the other...is that o.k.). My gut reaction is that the folk at google should be pleased when the world is associating 'Internet searching' to their product. --pete

  157. I can't wait by DownTheLongRoad · · Score: 1

    There will probably be a googol of redundant posts about this. Oh wait, google, sorry....

  158. mean vs. average by Anonymous Coward · · Score: 0

    Technically, only half of all Americans have intelligence below the mean for Americans. More than half would have intelligence below the average for Americans because there is a lower limit to intelligence, but no upper limit - those supergenuis types that pride themselves on their Six Sigma Society memberships will push the average above the mean.

    In addition, to your mistake regarding mean vs average, you have assumed that Americans posess intelligence in the same proportion as the population of the world in general. Now since the world population in general includes people who say things like "Bloody Americans" and the French (who confuse arrogance with intellect), I assert that the average intelligence worldwide is somewhat lower than in the US.

    Now don't you feel more informed?

  159. thanks. by Anonymous Coward · · Score: 0

    I aim to please.

  160. Spam: My Review by Didion+Sprague · · Score: 5, Funny

    I watched the ad and went out and bought some Spam (TM).

    First, Spam comes in a neat can. It's curved and low-to-the-ground. I like that. It's very appealing to purchase something and actually like the way it's packaged. I consider this a successful purchase.

    Next, the can opens easily. Again: this is a good thing. The little pull-tab is nice.

    Now, I expected lots of Spam juice to come dripping out when I yanked off the top, but I was pleased to see that no Spam juice flew forth.

    Even better, the spam actually *filled* the can. It's not like a bag of potato chips. Open the bag and you're lucky to see fifteen chips.

    Spam is most definitely "old-school" when it comes to packaging: they have a product, have a nice can, and fill the can with the product. Thumbs up, boys.

    There are recipes on the side of the can. Better still, the recipes are fairly easy to make. I opted for the "fried Spam". The recipe indicated that I should scramble some eggs. I did this, toasted some Butternut Texas toast (thick slices of bread, in case you're not sure what 'Texas Toast' is), and then got my tried-and-true non-stick frying pan (lots of teflon for those of us who, like myself, have no idea what 'seasoning a skillet' means and so buy into the non-stick hype.)

    Out of the can, Spam is a little on the pinkish side. It definitely needed some "color" (as they say) before it was completely palatable. I'm sure raw Spam would taste no different than cooked Spam, but I wasn't sure about the level of processing Spam underwent, so -- in the interested of safety -- I fried thin slices until they were dark brown and slightly burnt at the edges.

    I slid the Spam onto the plate (thanks to teflon), slid the eggs onto the plate, and pulled the two pieces of Texas toast from the toaster. I slathered some *real butter* on the toast, cut it in triangles like they do at all fine restaurants, and went to sit in my favorite chair. I had to leave the food for a moment and go back into the kitchen because I forgot my Red Bull. But when I went back to the plate, the Spam was still warm, the eggs were perfect, and the butter had melted into my toast.

    The fried Spam -- pork shoulder and ham -- was good. It wasn't great. It wasn't like Jimmie Dean sausage flavored with maple syrup. And it certainly wasn't like Pigs-in-blankets (pancakes wrapped around sausage) but it was damn good. It was a little bland. But it had texture -- a lot of it -- and felt good when I chewed.

    The sweet, medicinal Red Bull sorta cast a pall on the otherwise good meal, but Red Bull at breakfast is a necessity for me, so I didn't have much choice.

    1. Re:Spam: My Review by mog · · Score: 4, Funny

      You, sir, have managed to make a story about SPAM interesting. I applaud you, and I applaud SPAM!

      Unfortunately, to celebrate you, I thought it fitting to take down SpamAssassin for a brief moment. Now I have a sore .. member .., a computer full of rather unpleasant porn, and my entire estate now belongs to the Nigerians. What a world!

    2. Re:Spam: My Review by lactose99 · · Score: 4, Funny

      I have a genuine Spam(TM) key on my keychain. Its been there since grade school (a looooong time ago). I always had the strangest notion that one day, if I ever ran away from home, I would walk along some railroad tracks and come across a dead hobo with a backpack full of Spam(TM). I always assumed that he would have lost the key, partly because he was a hobo, but mostly because he was a dead hobo.

      The key is still on my keychain, probably the only thing (besides my imagination and various birthmarks) that I've ever kept for so long.

      --
      Fully licensed blockchain psychiatrist
    3. Re:Spam: My Review by tealover · · Score: 1

      I can't tell if this post is genuine or tongue in cheek, but either way....bravo!

      --
      -- You see, there would be these conclusions that you could jump to
    4. Re:Spam: My Review by Anonymous Coward · · Score: 0

      You're a fucking pig.

    5. Re:Spam: My Review by Anonymous Coward · · Score: 0

      yummm...sounds like you are about ready to start spouting some poetry: http://www.spamhaiku.com/spam1/

    6. Re:Spam: My Review by Bilestoad · · Score: 1

      Good job. You've managed to make me consider buying and eating SPAM, quite an achievement. Last time I ate it was over ten years ago, on a camping trip, and I fried it over an open fire in an aluminum army mess tin and ate it with ketchup. Not a complete disaster, but not as good as your culinary delight sounds. It's lunchtime where I am and I could eat some right now.

      Is "texas toast" part of the reason for this?

    7. Re:Spam: My Review by Anonymous Coward · · Score: 0

      You are a fuckity fuck fuck fuckeroo.

    8. Re:Spam: My Review by JoshWurzel · · Score: 2, Funny

      First, Spam comes in a neat can. It's curved and low-to-the-ground. I like that. It's very appealing to purchase something and actually like the way it's packaged. I consider this a successful purchase.

      Next, the can opens easily. Again: this is a good thing. The little pull-tab is nice.


      You're a mac user, aren't you? ;-)

    9. Re:Spam: My Review by Anonymous Coward · · Score: 0

      The key is still on my keychain, probably the only thing (besides my imagination and various birthmarks) that I've ever kept for so long.

      You mean besides your virginity?

    10. Re:Spam: My Review by Walterk · · Score: 1

      Are you lactose intolerant?

    11. Re:Spam: My Review by sharkey · · Score: 1
      Out of the can, Spam is a little on the pinkish side. It definitely needed some "color" (as they say) before it was completely palatable. I'm sure raw Spam would taste no different than cooked Spam...

      SPAM is not actually "raw" out of the can. It is fully cooked, and is still good, just lacks the fried taste. Chill it for a couple of hours in the fridge before eating it "out of the box" to cut down on the slipperyness.

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
  161. Screw Google? by StupidKatz · · Score: 1

    Personally, though, I say screw google. They put autopr0n on the 11th page on a search for "autopr0n", which doesn't make any damn sense.

    It does if you consider they've been tweaking their pagerank rating system to take google-bombing into account. Most (if not all) the links to autopr0n come from kiro5hin and slashdot; in essense, blog-like sites. Apparently, the number of UNIQUE sites that link to a target increase the standings.

    Don't blame Google because no one links to you.

  162. Douglass Adams invented the word (sort of) by fudgefactor7 · · Score: 1

    To quote:

    ""And are you not," said Fook, leaning anxiously foward, "a greater analyst than the Googleplex Star Thinker in the Seventh Galaxy of Light and Ingenuity which can calculate the trajectory of every single dust particle throughout a five-week Dangrabad Beta sand blizzard?""

    So, maybe the "google" search engine people owe the Adams estate... That would shut them up.

  163. Did anyone _read_ the letter? by jdreed1024 · · Score: 4, Insightful
    That was one of the nicest cease-and-desist letters I've read, since it was quite reasonable, and gave an option that wasn't "take it down" or "pay money".

    If you didn't read it, basically they're asking him to either remove it OR mention that "google" is a trademark of Google Technology. Yeesh. All he has to do is add one sentence to the definition, but instead it's "Waaah, I got a cease and desist letter, I don't know what to do, panic, panic, panic". He says he doesn't want to remove it, but he doesn't know what he should do. How about doing what they said, and mentioning the trademark?

    Certainly, mentioning the trademark would even improve the definition. When I tell someone, "Go Google for information on this", I mean go to www.google.com. If they come back to me and say "It wasn't on yahoo's search engine", I'll say "That's because you didn't do what I told you to do." Yeesh. It's a trademark, and all they're asking is that you acknowledge it as such. Just do it. You're not giving up any rights of your own.

    If you're really concerned about stupid trademark cease-and-desist stuff, there are bigger battles to fight, like the PCI thing, or MS's trademark of the word "windows".

    --
    There is no sig, there is only Zuul.
    1. Re:Did anyone _read_ the letter? by privacyt · · Score: 1
      Geez, you're a nice guy. Do you torture animals in your spare time?

      The guy's just a lexicographer, not a big tough Marine like you apparently are. Average people tend to get really nervous when they get a letter from a lawyer for a big corporation. So lay off the guy!

  164. writing magazine ads by DuctTape · · Score: 1
    If anyone has taken a look at writers magazines, they usually have an ad or two in them from companies whose names are surely turning into English words (like Victrola).

    A couple of the ads I've seen are Xerox(tm) and, of all places, Laundromat(tm). Seems that Laundromat(tm) is a trademarked name, too, and the erstwhile owners would like you to say "commercial coin-op[erated] self-serve laundry" rather than Laundromat(tm).

    However with writers they are somewhat powerless as far as their influence goes (other than having a couple guys both named Guido visiting you some night) to have you stop.

    Dunno if you can go after web sites legally for misrepresenting a trademark like this isn't, but I didn't see anything in the letter saying that they'd sic their lawyers (or both Guidos) on the guy. But you never know. Oh yeah: IANAL.

    --
    Is this thing on? Hello?
  165. Dictionaries and the like. by Lemmy+Caution · · Score: 3, Insightful

    Dictionaries are in the business of reportage. People are using the word "google" as a verb, and that's a fact. The dictionary is reporting this fact. Any objection to their reportage is a straightforward suppression of free speech.

    1. Re:Dictionaries and the like. by zabieru · · Score: 1

      Not true. Google on media law. If a newspaper writes an article about me that depicts actions I took outside of a courtroom, and I am not a "public figure" (this includes elected officials, but is somewhat vague). The same goes for other journalists, and presumably dictionary editors are covered.

  166. Did it kill him? by Anonymous Coward · · Score: 0

    If so that would be a great way to take care of spammers!

  167. Alternate verbage by tritone · · Score: 1

    So instead of saying "google" we should say "do a Google(tm) brand Internet search?"

  168. Feh by Anonymous Coward · · Score: 0

    If the definition by wordspy weren't so idiotic (does anyone even use anything but Google? Why explicitly search for information on boy- or girlfriend?) but said something like "To use the internet search engine google.com to look up information", there wouldn't be a problem.

  169. Freakin Lawyer logic... by xedd · · Score: 2, Interesting

    What google.com DOES is more important and far more valuable than what they might call themselves.

    Name recognition is certainly important, and the ease of *finding* that business on the web, is certainly a large element of its success.

    But of course, this whole present day attorney induced phobia over trademark protection is based on the ease with which a new company might emulate an older well-established company. But this does not apply to google.com.

    The advantages that google's operation has over its competition at the moment is far more than it's name. In fact, the name recognition that it enjoys is based completely on the superior performance of what they DO, not who they are.

    Tomorrow google.com could announce that they are changing their name to shitbucket.com. And within a month or two of offering their services from that new domain name, the term "google" will have lost it's meaning, and the verb "shitbucketing" will have entered into daily usage.

    Substance over symbol makes lawyers absolete.

    1. Re:Freakin Lawyer logic... by jcast · · Score: 1

      Well, if `to google' ever came to mean `use any search engine' google.com would /certainly/ have a case: all those Open Source hackers telling users with dumb questions ``google for it'' would be sending those users off to imitation sites, not the One True Search Engine. Hell, if that ever happened the OS hackers would have a case against who ever started it.

      --
      There are reasons why democracy does not work nearly as well as capitalism.
      -- David D. Friedman
  170. From Google.com by BSDevil · · Score: 3, Informative
    What Google means

    Google is a play on the word "googol", which was coined by Milton Sirotta, nephew of American mathematician Edward Kasner, to refer to the number represented by 1 followed by 100 zeros. A googol is a very large number. There isn't a googol of anything in the universe. Not stars, not dust particles, not atoms. Google's use of the term reflects the company's mission to organize the immense, seemingly infinite, amount of information available on the web.

    (from Google's Corporate History)

    --
    Cue The Sun...
    1. Re:From Google.com by bungo · · Score: 2, Interesting

      >1 followed by 100 zeros. A googol is a very large number. There isn't a googol of anything in the
      >universe. Not stars, not dust particles, not atoms.

      I think you mean a googol-plex, which is a googol raised to a googol. That's more than the number of atoms in the universe.

      --
      "The best part? I became an ordained minister while not wearing pants." -- CleverNickName
    2. Re:From Google.com by cpeikert · · Score: 1

      1 followed by 100 zeros. A googol is a very large number. There isn't a googol of anything in the universe. Not stars, not dust particles, not atoms.

      I think you mean a googol-plex, which is a googol raised to a googol. That's more than the number of atoms in the universe.

      The original poster is right - a googol is 1 followed by 100 zeros, aka 10 to the 100th power, or 10^100. The number of particles in the universe is estimated to be between 10^72 and 10^87. Even if the high estimate is right, a google is 10 trillion times more. The US federal budget is "only" 2 trillion dollars per year, so a googol is bigger than the number of particles in the universe, by a wide margin.

      A googolplex is not a googol to the googol (that's an even bigger number, and is actually a googolplex to the 100th power). A googolplex is "only" 10 raised to the googol, or 1 followed by a googol zeros, or 10^(10^100). Of course, this number is definitely larger than the number of particles in the universe, too.

    3. Re:From Google.com by svindler · · Score: 1

      There may not be a googol physical objects but there is somewhere between 10^144 and 10^174 relations between particles. I am sure someone some day will want to calculate on that.

  171. Maybe they should sue the estate of Charles Shultz by sin(theta) · · Score: 1

    I remember seeing the word "google" in a Peanuts comic years ago referring to a huge number. This strikes me that they actually have no claim to the word, except maybe under business circumstances (ie. I couldn't start a business or manufacture a product with the name Google.).

  172. Number of hits by Ivan+the+Terrible · · Score: 1
    I got 677 hits when I googled for "googled googling" starting with, Don't Be Shy, Ladies--Google Him! followed by Pee-Wee Merman's Big Adventure. Pee-Wee Merman, whazzat?

    -- Vladimir

  173. But the question we are asking now is... by nytes · · Score: 2, Funny

    Did Word Spy get slashdotted over google?

    --
    -- I have monkeys in my pants.
  174. Ever heard of Palm(tm), Windows(tm), or Apple(tm)? by Anonymous Coward · · Score: 0

    Guess not.

  175. Updated definition - check site by BSDevil · · Score: 4, Informative

    As of a few minutes ago, the WordSpy definition is:

    (GOO.gul) v. To use an Internet search engine such as google.com to look for information related to a new or potential girlfriend or boyfriend. (Note that Google(TM) is a trademark of Google Technologies Inc.)

    So he did what Google asked: noted that it was a trademark. The site's still up. The definition's still valid. Presumably the Google lawyers are happy. I don't feel my civil or lexical rights have been trounced upon.

    As has often been said...move along folks, nothin' to see here.

    --
    Cue The Sun...
  176. So.. by Anonymous Coward · · Score: 0

    Do you do anything besides wanking off to your site, lowering your iq, and complaining on slashdot?

  177. Lawyer as a verb by bobdotorg · · Score: 1

    And with lawyers sending out letters like this, how long before, "I sure lawyered him on that deal."

    Geez - how long before lawyers force us to use Marklar for verbs in addition to definite objects.

    --
    __ Someday, but not this morning, I'll finally learn to use the preview button.
  178. xerox not in word spy by canowhoopass.com · · Score: 1

    I did a 'wordspy' for xerox and it didn't come up.

    What was in there:

    Other corporate verbage /nouns which were not included:

    • Photoshop
    • ICQ / MSN / Message you...
    • Slashdoted / Slashdot effect :-)

    Personally I think Word Spy should expand on the meaning so it doesn't simply mean to search out personal information. Also specify the use of the google search engine as being the engine.

    -
    Rod

    1. Re:xerox not in word spy by Midnight+Thunder · · Score: 1

      The M-W webster has an entry for xerox, and make clear the context.

      --
      Jumpstart the tartan drive.
  179. can't you? by Astoundo · · Score: 1

    Paul Abate, the OED editor, says verbs no know owner. Surely he doesn't mean that any trademark is fair game, as long as you attach "-ing" to the end. In that case, what's to stop a "Whopper up at Wendy's" ad campaign? And when the ads go negative? "Last night, my roommate drank so much he Big Mac'ed all over the sidewalk."

    But, you say, Mr. McFedries was simply documenting the word's use by others, such as the "West Wing." That may get him off the hook, but it still leaves trademarks wide open: An advertiser can buy product placements, so why couldn't it buy a verbing?

  180. This is idiotic by Anonymous Coward · · Score: 1

    First of all, "to google" is just a fad word-of-the-minute that makes people sound completely retarded when they say it.

    Secondly, Q-Tip, Popsicle, Kleenex, Chip Clip, Post-It, Scotch Tape, Coke (by southerners who use it to mean all different kinds of pop), Wet Wipe, Xerox, etc., all quickly spring to mind as brand names that are used generically.

    This is the problem with companies that become too successful and make too much money; they almost invariably turn evil.

    Oh well, Google, guess I'll be switching my homepage to www.alltheweb.com, they're just as good.

  181. Shouldn't you be complaining.. by Anonymous Coward · · Score: 0

    To MoNickels?

    Oh wait, this is just another case of bicth at the site runners and get easy mods points.

  182. What a crappy definition! by cjpez · · Score: 2, Funny
    To use an Internet search engine such as google.com to look for information related to a new or potential girlfriend or boyfriend.
    What the hell? WTF is that? So when I was googling for Linux kernel panic information earlier, I was really looking for a potential girlfriend? Gah. Leave off everything past "google.com."
  183. Google's got this all Backward by ChefPsyconaut · · Score: 2, Interesting

    Seems to me that most any other company would kill to have their brand name become the new word for the product. Like 'Kleenex', or 'Aspirin'. You can't buy that kind of advertising.

  184. Interesting... by cmburns69 · · Score: 1

    If you search google with "google: v", the first result is info about Google's struggle with the church of Scientology:

    Church v. Google - How the Church of Scientology is forcing ...

    Just thought it was interesting that what comes around goes around...

    An online Starcraft RPG? Only at

    --
    Online Starcraft RPG? At
    Dietary fiber is like asynchronous IO-- Non-blocking!
  185. 'google' used by william gibson by solferino · · Score: 1


    just as a note of usage in print

    william gibson uses 'google' several times as a verb in his latest (dissapointing) novel, pattern recognition

    my thought was he was just trying for another citation in the complete oed - but the word had probably been used in print before - anyone know any other examples?

  186. google the noun... by Vornzog · · Score: 1

    Google the company name probably comes from the noun google, meaning a large number - specifically a one followed by 100 zeros.

    You can try Googling (the verb) for that, but you have to be careful, as most links that say 'google' in them are about, well, Google...

    Seriously, a google is 1*10^100. I believe it was named by some math guy's kid somewhere along the line. Google probably choose it to suggest that they were going to search a large number of pages on the internet. At last count, they were around 3*10^9 - only 10^91 more pages to go before Google will let you search a google of pages for information about the verb google vs the noun google. That's a lot of google...huh!

    -Vornzog-

    --

    -V-

    Who can decide a priori? Nobody.
    -Sartre

    1. Re:google the noun... by Anonymous Coward · · Score: 0

      It's close to 10^100 to go. Not 10^100/10^9, but 10^100 - 10^9 to go.

  187. Engines besides Google by Gerry+Gleason · · Score: 1
    I'm always interested in new and better search engines, but you're not even saying it is better. Is it better in some ways, but not overall better? Otherwise, what's the point.

    It is interesting that this is the first comment I've seen mentioning alternatives, and one comment joked, "are there any others?". I don't use any others right now, and I'm wondering if there are even others that people would recomend (besides teoma).

  188. "googling" is becoming more popular by ehackathorn · · Score: 1
    Looks like "google" is moving up the list of the most popular Word Spy words.


    http://www.wordspy.com/topwords.asp


    What the hell is chewable liquor anyway? Oh wait, I can just check the definition...

  189. Pigs in blankets by littleghoti · · Score: 1

    Where I'm from, pigs in blankets are better tasing, and even more unhealthy. They're little sausages wrapped in bacon rashers, traditionally roasted around the christmas turkey, and served dripping in fat. MMMMmmmm!

  190. Not that big of a deal by Pettifogger · · Score: 2, Insightful

    As an attorney myself, I think that letter was downright friendly. All they want is an acknowledgment that it is a trademark, and ANY good lexicographer should include the etymology (e.g. a trademark that is working its way into general usage) of a new word. Also, including it in his list does not infringe on trademark rights, so there really isn't a problem here. Google just wants a little recognition, and I think they deserve it.

    --

    IAAL

  191. So? They're protecting their name by antis0c · · Score: 1

    It's not unusual. If you don't protect your name and you let it become a part of the english language, you can lose all your rights to it.

    For example, back in the 80's to Xerox was heavily used instead of "making a copy". It became so common that Xerox had a hard time defending it as a brand. Same thing. What's a Bandaid? What's a QTip? A Bandaid is a brand of medical bandage used for small cuts, QTip? Cotton Swab. I don't say Cotton Swab or bandage, I said QTip and Bandaids. They're are really brand names, not things but they were so popular and became commonplace that consumers referred to them as things and not a brand of a thing.

    Nothing interesting here, move along.

    --

    ..There's a-dooin's a-transpirin'
  192. Google is going after me too! (for gewgle.com) by pheph · · Score: 1

    Man, Google is getting pretty agressive with their lawsuits. I own gewgle.com, which forwards search requests to google.com, but I always made it fairly clear that gewgle.com wasn't related to Google and I never made a profit on the site (no advertising,for sale,etc). Anyway, we've gone back and forth a few times, I don't think they have much of a case, but if you want to check out the proceedings, check gewgle.com's legal section or just plain ol' gewgle.com

  193. Xerox by t0ny · · Score: 1
    Ya, they legally have to try. If you look at what happened with Xerox, they didnt try, and now any current action by them will run the risk of invalidating ANY rights to their name. And it was their own fault, as they allowed it to become synonymous with photocopying.

    So on one hand its good to be in the popular lexicon, but on the other its bad due to control over your company's name.

    Lets just kill all the lawyers, like Shakespeare said.

    --

    Manipulate the moderator system! Mod someone as "overrated" today.

  194. Froogle by tinrib · · Score: 1

    Just yesterday I was talking digital cameras with a colleague and when he googled for it, I said 'no, froogle for it'. I'm not sure what my point is. That is all.

  195. Proprietary rights to what verb? by Performer+Guy · · Score: 1

    This is chicken and egg, Google is a trademark and a valuable one. Someone decided one day to call it a verb, not the other way around. It's one thing to be unable to calim proprietary rights to a verb, quite another when someone starts calling your incredibly popular and valuable trademark a verb. You can legitimately claim proprietary rights to your trademark and stop people coopting it in a way that dilutes it's value.

  196. say WHUT? by zogger · · Score: 1

    --file this customer service ticket with the ID 10 T stamp. I can't believe it. To have your business model be so succesful in a POSITIVE light that it becomes an understood "new word" is GOOD. Suing the people who noticed that this happened-really, all they did was SEE THIS HAPPENED IN SOCIETY- is BAD. This is just elementary free advertising for them in the worst possible case. After that it can only get better.

    Here is Mr. google deep in contemplation over this while juggling algorithms in his head and not really paying attention to this word issue --->"Hmm, free advertsing,WHAT?!? Our company so well respected and in such widespread use it's now an offical word in the language, man I am so whizzed off! I wanted to stay obscure, have no one know our name! I must protect my name from being used as a word by...well by anyone, all those TALKERS out there! The nerve! I'm gonna SUE 'EM! That'll teach 'em to say my word!"

    Can't they see how dumb that is to feel that way? Guess not, maybe someone will clue them in on it. I will only charge them 100$ for this service, too. It's a deal at that rate.

    Once again, you can see where advanced brains that can be successful in a highly specialised field, and are simultaneously completely clueless in other areas. Zee-ro common sense it appears. I've had some bosses like that. Example. "Uhh boss, if I do what you tell me to do this generator will 'splode" No lie, happened to me, had my boss tell me to run the generator in such a way as it would have overheated and had a "catastrophic failure" but he wanted me to "just try it". Well, I didn't obviously, started to walk away, said I would go call 911 and let the fire department get a head start on coming over..

    Anyway,and g**gl3 (gotta be careful, don't want to get sued now) HQ masterminds were lame enough to listen to their tame lawyers and persue this. Missing the forest for the trees mistake 2, dealing with lawyers,a necessary e-vile, like you know God got a plan for mosquitoes, but dang if you can see it.

    OK-lawyers got to either create laws that society was perfectly able to do without the day before,or write extremely arcane things called "contracts" that are compilations of said laws with people's names now attached to them which apply to the previous laws they created, or argue what they already did between themselves, and get paid both ways and up and down on this deal. That's all they do. This is called "job security" or if you are a low level peon or like still in school "busywork".

    Like scorpions stinging and the old fable, it's just their nature,that's it, just got to deal with it, so one needs to pay attention to what they recommend all the time and apply a "common sense" interpreter to it. And it's also why you should NEVER "vote" to "elect" one to governmental "office", OF COURSE they will make your life more expensive and more complicated if they wind up there!

    1. Re:say WHUT? by tuxedobob · · Score: 1

      I was going to respond specifically to this comment, but so much of it is off-topic, I'll just say read this one and you'll see some of the dangers inherent in letting a trademark slip into common use. The author of that comment goes a little overboard, but oh well.

  197. Oh, the irony... by Anonymous Coward · · Score: 0

    ...of using Google to google for uses of the word google as a verb.

  198. What? by Mudcathi · · Score: 1

    We've been microsofted out of legitimate use of a common word! What an enronish act of worldcomism...

    --

    "He who throws mud, loses ground." - proverb

  199. Re:And Kleenex, and Coke... by warpath · · Score: 1
    Coca-Cola shouldn't care too much, though I am sure you are probably right.

    The restaraunts ask if the other cola is ok because they don't serve Coke. They already made a deal with Pepsi or Belchy (heh) or whatever.

    So, when you ask for a "coke" (aka generic cola beverage) they recognize that you might be asking for a "Coke" (the Big Name Cola Choice). Coca-Cola has your mindshare and has you asking for a Coke whether or not you care which cola you drink. Coca-Cola still wins in this scenario because the restaraunt acknowledges that Pepsi is not Coke. Of course, Coca-Cola should be concerned about the restaraunts that bring you a Pepsi or Belchy without asking.

    I'm sure it's a fine line between mass-mindshare and trademark dillution, but as long as they keep a tight grip on market usage they should be fine. After all, when I go to the tissue aisle in the grocery store, all I see is "Kleenex" and "notKleenex" as far as brands go. (Damn this commercial culture!)

    Then again, I'm (happily) not a marketing guy and IANAL certainly... so all this blathering about Coke/coke should be considered a layman's conjecturing... but it seems logical to me. Which means it's probably way off. :)

    PS: Glad I preview. I first wrote that "I go to the isle of tissue". heh.

  200. A day in the life of TrademarkMan by goingincirclez · · Score: 1

    I was hankerin for some spam and oreos the other day. I wanted to hoover them suckers right up, then wash it down some coke from my thermos. But as I was closing the frigidaire I tripped and fell smack into the xerox machine. Then I started bleeding so I held kleenex on the wound till I could find some band-aids. I got a dustbuster to suck up the crumbs, but when I plugged it in the power surge borked my server as if it was slashdotted, and I can't google for the solution! I'm gonna go postal!

    --
    ~~~
    "The slave thinks he is released from bondage, only to find a stronger set of chains" - NIN
  201. Google just ripped off goggle and googol. by yet+another+coward · · Score: 1

    "Goggle" means to stare. "Googol" is a large number. They hitchiked on those ideas to come up with Google.

    Meanwhile, I'm wondering what an Exxon is.

  202. Bloody Vikings by EvanED · · Score: 1

    "Lovely spam, wonderful spam!"

  203. Googoling by jefu · · Score: 1
    What makes this particularly interesting is that "googol" was already in use as a noun long (1938) before "Google" was formed.

    Now "googol" as a noun and "google" as either a noun or a verb are pronounced (as far as I can tell) essentially identically. So the "Google" folks want to protect the spelling, not the word. Is this valid trademark law? That is, can you trademark a spelling variant of a single word? What then happens if people happen to pronounce it the same as the generic term?

    On the other hand, maybe the solution is for people to now spell the "search the web" term as googol - or can "googol" as a verb be trademarked despite its common (?) use previously as a noun?

    1. Re:Googoling by poofmeisterp · · Score: 1

      If that works, I'm going to introduce a new detergent called "Tyde"

  204. Is google already a word? Is this a precedent? by gmkeegan · · Score: 1

    I looked through several online dictionaries as well as Merriam-Webster (not the Unabridged site) and I can only find definitions for "google" that are in fact google.

    If this is the case, then it seems that wordspy should define the verb "to microsoft" as "to crush your enemies, to see them driven before you, and to hear the lamentation of the women".

    Apologies to Conan (no, not the late night one)

  205. Take a look at the foot. by frankjr · · Score: 1

    Do you know what that symbolizes? It's _funny_. Laugh.

  206. Must keep trademark from being common word. by Anonymous Coward · · Score: 1, Insightful
    Yeah, that makes some sense. If Google doesn't defend their trademark, they lose it.

    But what about the opposite, where a company takes a common word and tries to make a trademark out of it? Even though it's already been used untrademarked in such a context by someone else?

    Say, something like, say, oh maybe...

    "Windows"? :-)

  207. What's next? by moosesocks · · Score: 1

    in other news, Microsoft uses DMCA against the use of BSOD as a verb...

    --
    -- If you try to fail and succeed, which have you done? - Uli's moose
  208. New verb: To Windows by Quarters · · Score: 1

    Verbs are protected, huh? I Windowed to work in my car today. Then I Windowed up the stairs Windowed the door, and Windowed down at my desk. Tomorrow I will Windows a bagel for breakfast, Windows a call to my brother, and Windows the web for a while, more than likely ending up at Slashdot.

    1. Re:New verb: To Windows by poofmeisterp · · Score: 1

      Don't forget to mention that somewhere in there, you were Windowing and your computer froze for no apparent reason.

  209. Spam sales boost by Anonymous Coward · · Score: 0

    Hormel has a very good sense of humor (and also business sense) about things

    And increased sales of Hormel's product have actually been attributed somewhat due to popularity of the term "spam" (lower case). Sales of stuff like t-shirts, baseball caps, etc., with the Spam® logo have definitely increased a lot due to popularity of the Internet.

  210. I love the English language!!! by jpetts · · Score: 1

    Frank Abate, an American editor for the Oxford English Dictionary, points out, however, that you can't claim proprietary rights to a verb."

    Where else would you get somebody called Abate offering advice about a cease-and-desist letter :-)

    --
    Call me old fashioned, but I like a dump to be as memorable as it is devastating - Bender
    1. Re:I love the English language!!! by the+eric+conspiracy · · Score: 1

      you can't claim proprietary rights to a verb.

      BALDERDASH. There are plenty of trademarks that are verbs. Foe example Excel is trademarked in a variety of contexts.

  211. smurf a router, not the web by Anonymous Coward · · Score: 0

    I know you can smurf a router, but the whole web?????

  212. Cease and desist *IS* asking nicely. by raehl · · Score: 1

    You don't get much nicer for lawyers. It's not like they can just call up and ask, one, because you could later just say they never called, and two, because it's harder to bill, and three, because sometimes it's just plain difficult to get people on the phone...

    Asking NOT nicely is "We've filed suit against you, see you in court on March 12 at 1:30 PM."

    Oh wait, that's the hearing for my speeding ticket. Nevermind.

  213. Google search results by RDPIII · · Score: 1

    Searched the web for googling. Results 1 - 10 of about 21,700. Search took 0.09 seconds.

    Searched the web for googled. Results 1 - 10 of about 12,700. Search took 0.07 seconds.

    Searched the web for googles. Results 1 - 10 of about 43,600. Search took 0.05 seconds.

    Searched the web for googleing. Results 1 - 10 of about 397. Search took 0.17 seconds.

    --
    Marklar: marklar
  214. Huge Difference. Bad Example. by edgezone · · Score: 1

    And what happens if 'to google' is permitted without acknowledging the trademark? restating what someone else stated, then a site could use uGoogle.com meaning you search. So protecting the use of the use of the word IS protecting against confusingly similar products.

    The "Navigator" argument is completely irrelevant, as both are based off of the noun form of 'navigate'. Without Lincoln or Netscape, there still would be navigators in the world.

    It's not like someone would arbitrarily have picked out 'googling' for searching if the company weren't out there.

    In other words, a product could be released called 'Law Navigator", but "LegalGoogle" probably could be contested legally.

    --
    -- If you can't laugh at yourself, someone else will do it for you.
  215. Related Words by bryanthompson · · Score: 1
    on his site include Google bombing and Napster Bomb. On "Google" and "Google Bombing" he has
    (Note that Google(TM) is a trademark of Google Technologies Inc.)
    I see he's taken the Google Lawyer's advice in giving reference to their trademark.
  216. I violated trademarks...so sue me! by civad · · Score: 1

    Today I Xeroxed a few pages and Fedex'd them; putting my initials (AMD) on the folder...

    Sigh! three violations in a single event!

  217. I'm confused by verch · · Score: 1

    Why would Google(*) want to stop this use of the name? They have become synonomous with 'searching' shouldn't they be thrilled? How does this hurt their brand? I don't hink the Band Aid people are like 'No no.. You should ask for a self adhesive bandage that is sold under the brand name Band Aid'. Now if a competitor was using the name thats one thing, but if the term has simply entered the language, whats the big deal?

    * - Google is a trademark of Google, Inc. ;)

    1. Re:I'm confused by the+eric+conspiracy · · Score: 1

      Why would Google(*) want to stop this use of the name?

      Under trademark law if your trademark becomes a generic word you lose the right to that trademark. Google could lose the right to prevent their competitors from using a button labelled "google" for the search button.

      Some words that started out as trademarks that are now not trademarks are aspirin, cellophane, nylon, thermos and escalator.

  218. New definition already in place by nigord · · Score: 0

    The new definition is already there :

    (GOO.gul) v. To use an Internet search engine such as google.com to look for information related to a new or potential girlfriend or boyfriend. (Note that Google(TM) is a trademark of Google Technologies Inc.)

  219. Do you Yahoo? by RDPIII · · Score: 2, Interesting

    If Yahoo!(TM) were to make a similar claim, we could point our collective fingers at them for verbing "yahoo" in their own ads.

    Nothing wrong with "slashdotting" either. Though there are unpleasant aspects of being slashdotted.

    --
    Marklar: marklar
  220. Genericity by Capsaicin · · Score: 3, Insightful
    I thought that was patents that you had to defend?

    The problem Google is faced with here is defending their trademark from Genericity. At least in some jurisdiction around the world, when your trademark becomes 'generic' you loose the right to enforce it. That is why Xerox pushed the name 'Photocopier' when they realised people were begining to call it a 'Xerox machine.' Problem is, if 'Xerox machine' enters into the language, any manufacturer could call their photocopier a "Xerox machine" and Xerox would be unable to stop them. This is also why McDonalds threatens any one who calls their restaurant McX.

    --
    Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    1. Re:Genericity by Dot.Zeile · · Score: 1

      I think that the same thing happened on Sony's "Walkman" trademark in Germany several years ago. They did not defend the name enoughly, and people saw the word in dictionaries, finally Sony can never stop every portable cassette player being called "Walkman" in Germany.

    2. Re:Genericity by Hognoxious · · Score: 2, Funny
      Sony can never stop every portable cassette player being called "Walkman" in Germany.
      I'm surprised that anyone in Germany would call it a walkman, when Kleinesmagnetischetonbandspielenapparat runs off the tongue so much better. This was probably dropped on the practical grounds that if the machine was big enough to print the name on, it wouldn't be portable any more.

      As an aside, the Academie Francaise (the arm of the French Government charged with keeping the language pure) did try to ban the word 'Walkman' for being too English. Apparently this august body of linguists and scholars objected to 'television' on the same grounds.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    3. Re:Genericity by Anonymous Coward · · Score: 0

      But McDonalds have not dared to take on the MacDonalds Restaurant run by the Laird Himself in Scotland. Yay, its the only M*Donalds with healthy food.

    4. Re:Genericity by ebh · · Score: 1

      Xerox is an interesting example, because it's been verbed just like Google. It's been absorbed into the lexicon so well that the verb forms are even acceptable in tournament Scrabble, excuse me, "SCRABBLE(r) brand crossword game". (I found it odd, too, that they'd accept a trademark-derived word when they defend their own trademark so vigorously.)

    5. Re:Genericity by Anonymous Coward · · Score: 0

      Somebody didn't do their homework...

      "Xerography" is a legitimate word, and according to Merriam-Webster's, it has been since 1948. Xerox can punt.

    6. Re:Genericity by Capsaicin · · Score: 1

      'Xerography' is not the same string as 'Xerox.' Nor even so visually similar as to be deceptive. Meaning that Xerox would not be able to defend 'Xerography' as a trademark pertaining to photocopiers, but that doesn't say anything about their exclusive rights to the word 'Xerox'. In any case the Xerox example is very borderline, arguable Xerox failed and the verb 'to xerox' or the noun 'Xerox Machine' have entered into generic use.

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
  221. Google needs to defend... plus other uses... by digital+photo · · Score: 1

    Base truth: Google needs to defend it or lose it. While a verb is not trademarkable material, Google can fight to prevent the term "Google" from becoming a verb. It doesn't matter that the verb listed differs from what "Google" is or does. If they want to remain protected, they need to defend their term.

    Though this does bring up another subject, that of shafting people and basically bullying people around. Some example uses may include:

    • Wow, guess [extinct company due to monopolistic and predatory business practices] sure got m1cro$0fted.
    • Hey, looks like [monopolistic company] is about to pull a m1cro$0ft!
    • Get that m1cro$0fting jerk off of my front lawn!

    It seems obvious that the term has a multitude of uses not unlike that of f#ck.

    Some sites which so beautifully illustrate the various uses of the word f#ck include:

    When one thinks of all the meanings associated with f#ck and the similarities between it and the m-word, one can only wonder how long it will be before the m-word will make it into dictionaries the world over. Probably not in m1cro$0ft branded dictionaries or encyclopedias, however.

    Just a couple of cents.

  222. Idly wondering... by tuxedobob · · Score: 1

    ...if anyone still googles on Yahoo! or some other search engine.

    if anyone else can find themselves searching by username but not by real name.

  223. Can you trademark an existing word? by dryguy · · Score: 1

    The adjective google seems to have been in use for some time before search engines came into existence:

    http://whatevernot.com/house/2001-01-13/google-eye s.html

    --
    -- Stamp out entropy. ->dryguy@bellsloth.net
  224. Re:Updated definition - still incorrect by Xtifr · · Score: 1

    This might make the folks at Google a little happier, but it's still wrong! "To google" means to use the Internet search engine at google.com, not "an Internet search engine such as...". Plus, it's commonly used to mean search for X, not merely for info on people. Maybe a few thousand letters of correction from people who actually speak the language will help these guys get their entry straight! :)

  225. Easy One by Lucas+Membrane · · Score: 1
    Change the verb to "barney", as in "Let's barney that baby and see if it pings back."

    I just thought I'd run this up the flagpole and see if anyone salutes. I've mother-henned it for a while and it's about ready to hatch. When I throw it on the slashdot fire, it's bound to spit back. I never metaphor I didn't like.

  226. Dilution vs Infringement by Sloppy · · Score: 1
    I think this story is very funny. I was grinning ear-to-ear for several minutes, but fortunately I didn't laugh out loud, so I'm not going to get chained and whipped in my cubicle. Whew! Anyway...

    Google has a good argument, but ultimately, they are screwed. They know this, which is why this letter isn't a real C it doesn't demand anything, it just asks. It pleads.

    You see, this isn't some Google competitor abusing the word to confuse people into thinking they are interacting with Google when they're not. If Altavista had told people that the best googling tool was altavista.com, Google's lawyers would be all over them like flies on shit, and the letters would not be nice. That would be a real violation and infringement of trademark.

    What's happening here is just dilution. Maybe that's unpleasant for Google, but it's not really abuse, nor does it really have (short-term, at least) much potential for causing confusion in the marketplace. Google is a victim of their own success here, rather than a victim of fraud or malice, and that's important, IMHO.

    I don't think there's really anything they can do about this, except to try to persuade people to stop using the word, out of the goodness of their hearts. And that's really what the letter is about. If they try anything more heavy-handed than that, then they will certainly lose, because the battle is already outside the scope of the legal system. It would be a battle in the language-sphere, and nobody (not even governments, and they have tried!) can effectively wield force there.

    Fun fact, slightly related: yesterday I got a music shipment in the snailmail, that included a CD by the band Su Ta Gar. They're a Basque-country heavy metal band, who sing in their native tongue. The Spanish fascists tried to wipe that language out last century, but they couldn't do it. There's no way Google's lawyers will stamp out the verb "google" if even fascists aren't up to the job.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    1. Re:Dilution vs Infringement by Hognoxious · · Score: 1
      The Spanish fascists tried to wipe that language [Basque] out last century, but they couldn't do it. There's no way Google's lawyers will stamp out the verb "google" if even fascists aren't up to the job.
      The Nazis managed to pretty much eliminate Yiddish in the territories they occupied. Mind you, they were fascists who didn't go to sleep for five hours in the afternoon.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  227. Don't forget Buffy! by Snaller · · Score: 1
    Google is just fine with Josh on The West Wing telling Donna to "go Google it", but they're terrified once it goes into print.

    Don't forget Buffy:



    Willow: "Have you googled her yet?"

    Xander: "Willow, she's seventeen!"

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  228. all they ask is that the TM symbol is added by sirshannon · · Score: 1

    the letter said to remove the word or indicate that it is a trademark. Seems like a no-brainer to me...

  229. Re:Self assimilation by jonathanbearak · · Score: 1

    "(GOO.gul) v. To use an Internet search engine such as google.com to look for information related to a new or potential girlfriend or boyfriend. (Note that Google(TM) is a trademark of Google Technologies Inc.)"

    looks like they resolved it.

  230. Mah nem ees Khalfin by NanoGator · · Score: 1

    Google cools searching.

    Groovy. Far out. Fab.

    (Calvin and Hobbes funnies post.)

    --
    "Derp de derp."
  231. Kleenex is never on generic tissue boxes though... by mike300zx · · Score: 2, Insightful

    Kleenex is happy to have prople in general refer to tissue as kleenex. However, they would not be OK if Puff's brand tissue changed their name to Puffs kleenex. Anyone could agree with that. So the same is true with Google, they probably like that you say to google for it when needing information, but if another search engine starts to describe itself as a googler then that is bad and would be a copyright infringement for sure. Part of this is that kleenex is a noun so it just stays that way in normal usage. But, if google became some everyday verb then you are asking for problems with other companies incorperating it into their names. Google is just trying to be pro-active to keep the watering down from occuring and it's a good thing for them to do so.

  232. It's not a big deal. by RAM5 · · Score: 1

    The appropriate action is to ignore the letter. In 1980 I was Editor-In-Chief of Infoworld. We got a letter from Exxon's corporate lawyers. At the time Exxon owned Zilog who made the Z-80.. the hot microprocessor chip of the day. The letter took exception to InfoWorld running ads for the Turbo-Z compiler, and asked us to refuse to accept advertising for any product with a Z in the name!

    We did the only rational thing... we published their letter and made fun of the request in print.

    Companies have to defend their trademarks or they risk losing them, but most trademark lawyers stop at a single notification letter unless it really is in infringing use of the name. The Word Spy usage isn't.

    --
    RAM5
  233. Making excuses is good business by gad_zuki! · · Score: 1

    >Otherwise, they lose the trademark.

    Nonsense. Google is not only a real word (think back to wacky math facts from 4th grade) they're complaining about being in a dictionary. Google could make a principled stand like, "This is a dictionary, not a competing company."

    But they won't. Google has become the 800lbs gorilla we love to complain about. Arguably, any company that grows fast enough eventually becomes Microsoft.

    Techies used to love Bill Gates, he was the lone nerd vs. the IBM suits. He won out, yet we all lost. Now he's the most hated man in the IT industry.

    Apple plays the IP game all the time. From ridiculous "look and feel" lawsuits to their lawsuit against the Church of Satan for using their Apple logo on their page. Of course I've seen that logo on every Mac lover's page, but it looks like someone in power at Apple has no love for religious tolerance or some fundie writing campaign really paid off.

    Google in any practical sense of the word "owns" USENET. Its the number one search engine and possibly the one useful one around. It keeps, arguably, illegal caches of webpages. It just bought blogger.

    This isn't some lame conspiracy theory. Google is expanding aggressively and there's lots of money to be made. Obviously this lawsuit shows that the lawyers are very much in charge and Google wants to protect its business come hell, highwater, or harmless little online dictionaries. You can keep making excuses or you can call them on their over-litigious attitude.

    Welcome to the real world. Companies aren't nice, they're money making machines. The best we can hope for is that they don't constatly piss on the rest of us while trying to make a buck.

    1. Re:Making excuses is good business by Monkeyman334 · · Score: 1

      I can't believe someone with such a low UID would post such garbage. Google is NOT a real word. It is made up. A misspelling of "googol" at best. It's a completely unique name for a search engine. The name itself implies nothing about searching the internet. It is a textbook example of a good trademark name. The only problem is their success.

      These Word Spy people seem totally full of shit too. Maybe my friends are more computer literate, but we never say "google" to mean "search the internet." It means search using the Google search engine. I will not take Word Spy seriously ever again. They seem like the people that kept posting "Rip and Burn your CDs? No, we don't mean destroy them, haha!" years after the words were made up to people who thought they were in the "in" crowd. Stating, improperly, that only tech savvy people use the word that way is irresponsible.

      Google's cease and desist letter is completely legitimate and I wish them best of luck.

  234. use this in your dictionary by Anonymous Coward · · Score: 0

    To microsoft. See spot. See spot microsoft. Run, microsoft, run! See what happens to you!

  235. Parallel Universe? by edward.virtually@pob · · Score: 1

    This has to be the first time I agree with a IP lawyer. While I would protest if they were objecting to the use of google as a verb in its strict sense (i.e.: to google: to search for something using the google search engine), I do think defining it to mean any search engine (to google: to search for something using a search engine) is wrong. Mainly because it's inaccurate. Google is the highest quality search engine on the Internet. Most of the rest are garbage. If someone told me 'I googled for X and found no information' and I later found out they'd used Sam's Search Site I'd consider them to have lied. Google means google. Of course, I'm pretty sure pissing off the user community by harrassing an obscure site author who's only refering to already existing abusive use is not a very good way to help their cause. I would ask that those who want to sound hi-tech refer to "greping" vs "googling" when a generic search engine is involved.

  236. You want to know why? by Fross · · Score: 4, Informative

    a colleague of mine used to work in a canning factory.

    you want to know why the spam fills the can, and there is no "juice" that falls out when you open it?

    because they cook it in the can.

    the ingredients go in, they seal it, then they cook it.

    mmm mmm good. D:

    1. Re:You want to know why? by cybercuzco · · Score: 1

      I dont know if I buy that. If youve ever cooked a ham (or other pork product) juices come out when you cook them. If anything, lack of juices would indicate to me that it was cooked outside the can and then packaged.

      --

    2. Re:You want to know why? by Reziac · · Score: 1

      Canning is NOT just the process of stashing food inside a tincan and sealing it up.

      Canning *is*, by definition, the process of cooking food IN the storage container (the glass jar or metal can), then sealing it *before* it cools, so it ends up effectively vacuum packed.

      The reason no juice falls out when you open a can of spam, or for that matter canned ham or Vienna sausage, is because cooked-then-cooled meat juice gelatinizes.

      At least, it's gelatinous when it's fresh and cool. One way to tell that such canned meat is getting old, or has been kept in overly warm conditions, is that the juice permanently reliquifies.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    3. Re:You want to know why? by GiorgioG · · Score: 1

      Well, I would have agreed with you, but - looks like he's right:
      http://www.cusd.claremont.edu/~mrosenbl/sp amfaq.ht ml

      Stupid lame filter...

    4. Re:You want to know why? by Anonymous Coward · · Score: 0

      actually there are juices in the can, he just merely stated that it didnt fly into his eyes when he popped the lid. if you turn the can upside down juices will ooze out with the spam.

    5. Re:You want to know why? by pjp6259 · · Score: 1

      Cambell's soup is made the same way. I took an AI class on Expert Systems back in the day, and they told us a story about the Cambell's soup factory. It seemed that at one point there was essentially one guy there who knew how to work the huge oven that cooked the soup. To hot or too much time in the oven and the soup cans came out charred. Not hot enough, or not enough time in the oven, and the soup was not done enough. Anyway, this guy eventually had to retire and was replaced by an expert system.

      --
      Computers don't make mistakes. What they do, they do on purpose.
  237. IN LITIGIOUS AMERICA by tunah · · Score: 1

    GOOGLE lawyers YOU!

    --
    Free Java games for your phone: Tontie, Sokoban
  238. McFedries in IEEE Spectrum by Anonymous Coward · · Score: 0

    Paul McFedries wrote IEEE Spectrum's Technically Speaking column for February. I just got around to reading it today, coincidentally.

    He mentions not just the verbing of "google", but other derivative terms such as "google-whacking", "google cooking", and "google bombing".

    I can't include a link to the column since the IEEE website requires a member login.

    If there's a copy on the web anywhere then it could probably be found by googling.

  239. I won't shed a tear for word-spy by Anonymous Coward · · Score: 0
    I'm not going to get out my Kleenex and shed a tear for word-spy.

    Unlike patents and copyrights, companies have to actively defend their trademarks, or risk losing them. I'm sure that when they lawyer sent this letter to the word-spy, it was a standard xerox of a form they've sent to many a place.

    There are no band-aid solutions here. I don't feel this is a Mickey Mouse legal principle that Google is trying to uphold. They worked hard to build a brand name, and they don't want to lose it because some yahoo decides it should be in the dictionary. He doensn't need a Twinkie defense, he just needs to compy with Google's request to acknowledge the Trademark, as they indicated in the letter.

    I wouldn't get all excited about this. If you get your legal know-how as I did, by TiVoing The Practice, you'd know that this is routine.

  240. Isn't google a word already? by Anonymous Coward · · Score: 0

    I mean, haven't boys been googling at girls for ages?
    Aren't the cookie monster's eyes "Googley" or somethin'?

  241. Well... by ecchi_0 · · Score: 1

    At least we can still kleenex things.

  242. Thank you. by Futurepower(R) · · Score: 1

    Thank you. Excellent explanation.

  243. in the end, though... by Ender+Ryan · · Score: 1
    In the end, people still use the phrase 'to xerox', but most people also know that Xerox is a company.

    Not a big deal I guess. I suppose people shouldn't take c&d letters personally, they are written by lawyers after all.

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
  244. Geez! It's a VERB! by SpacePunk · · Score: 1

    GREAT GOOGLEY MOOGLEY!

  245. saw those points.. by zogger · · Score: 1

    ..I've seen those points, and btw that post you referenced was funny and a good way to illustrate them, but my point can be clarified even further. It will still happen. "Google" as a verb or googled meaning "to look for something hidden but you have a good idea it's there to find-past tense" will continue to happen unless google.inc goes out of business tomorrow and we all get brain wiped. Unless you are physically prepared to literally sue anyone for using your name "wrong", it's futile and silly. Where do "words" come from? I mean really? The english dialect I speak is not the same as what is spoken in other areas of the nation, or back in history, nor is it what will be spoken 20 or 100 years from now. It will still be "english" but it will have changed. Carry this to the very next step. Printing or publishing a copyrighted word, without permission. How can you even discuss the org or corp or person behind that copyright without first contacting them and getting permission? Far fetched? Not if this goes to suit and passes and they get a judgement it's not. Say Bigco just didn't like people dissin them or even talking about them some place "unapproved" by them. (side note-dissin, a relatively new english word). It could be anything they didn't like. So, you as a poster talk about them in a post, merely used "their" word. You didn't get permission. You don't "own" that word. You now owe them whatever a court/jury decides after they sue you, after all that person who "owns" that word has the "right" now.

    This isn't the same as another search engine company calling themselves google. That would be a copyright violation, and that makes sense. This is different, and right now it's silly, if it sticks, it's incredibly harmful. If I can say I "googled for the result" out loud, is it legal, or should it be made illegal, especially if at least one other human hears me say it? Now, if that is legal, can I now write that down or post it on the web? May I say that in a phrase over a radio? May I write a novel in which a character uses that phrase? Do I "owe" google money, or can they have my publication stopped and all the copies destroyed? How far is "reasonable"?

    This is one of the reasons I fully favor corporate review, and holding them to "of the public benefit" besides them just "making money". I am not saying google would be crossing the line here, but edging pretty close if they persue it. I can think of several large still in business and "profitable" corporations who have so abused their incorporation that they should be dissolved, no matter the "monetary" loss to anyone.

    People complain abpout "frivolous" lawsuits, I think there's some merit to it, and also lawyers get away with what in other circumstances I would call a direct threat,an assault, and especially the way our society is set up so that those with the deepest pockets frequently seem to be able to use "the law" to beat up on people. They don't use a club, they just bankrupt you, on purpose. Because it's polite and gen-teel and proper they can get away with it.

    I don't know how to say it any better than "it's just wrong"

    And I wasn't joking about not electing lawyers to office either, I'm completely serious about it. About the worst and most harmful conflict of interest running. The class or society or organization of people who profit financially in a professional sense from "the law business industry" should not be in charge of writing more complex and invasive and pervasive "laws". It's an absurd and obvious conflict of interest. There is little to no profit involved in writing less laws, simpler laws, more fair laws, and easier to understand laws, if you profit from the opposite. There are maximum profits to be made by requiring the "law" to be so complex that only "your org" can "do it". I am also in favor of "loser pays" with a twist, it's proportional to your gross income. Big corp sues little guy, they lose, then little guys law expenses he incurred as a proportion of his gross income for that year are applied to bigcos, that's what they pay him for "legal expenses". And vice versa of course. Not net, gross. In my view, that would eliminate a huge percentage of what is termed "frivilous" when it comes to lawsuits, without having to legally define frivolous. It depends on everyone's common sense then, and how lucky they feel. It wouldnt stop frivolous suits, but it would both slow them down and still protect all parties concerned, both sides.

    And dicussions about the law and lawyering are directly related to this article, it's exactly 50% of it. There would be no article at all if it wasn't for the way the "law" and lawyers work.

  246. Google by Ender+Ryan · · Score: 1
    a real shame, since Google's been doing a lot of things reasonably well..

    Google is a good search engine, but to be quite honest, I really think they're a bunch of hypocrites.

    They take a political stand against advertising for firearms, which I can understand, completely disagree with but understand, but at the same time they are willing to help China with censorship!

    They are blaming a tool(guns) for doing evil, but they are willingly helping to commit a great evil themselves.

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
    1. Re:Google by Anonymous Coward · · Score: 0

      I blame a tool(you) for crapping up this discussion with an offtopic rant about China and firearms.

  247. This is not evil. by sabNetwork · · Score: 1

    This is not evil. Google has every right to be pissed. Of course the joke was in good humor, but consider what this does to Google's brand reputation. Google is not intended to be used to stalk people, nor is it a source of informational; it is a search engine.

    If the definition was simply 'to search for something using Google', it wouldn't be an issue.

  248. An inciteful view from one of the lexicographers by privacyt · · Score: 3, Insightful

    Date: Mon, 24 Feb 2003 21:19:26 -0800
    Reply-To: American Dialect Society
    Sender: American Dialect Society Mailing List
    From: Ben Ostrowsky
    Subject: Re: Google trademark concerns
    Comments: To: ADS-L@LISTSERV.UGA.EDU
    In-Reply-To:
    Content-Type: TEXT/PLAIN; charset=US-ASCII

    I'd guess that you can report accurately that many people use 'google' as a generic term, especially if you can cite some utterances.

    And you could send them a pamphlet of your own about the difference between prescriptive and descriptive definition-writing -- a sort of Lexicographer's Apology (like the Actor's Apology, "this is fiction, don't blame us if it looks painfully familiar to you") to explain that you're not urging people to use 'google' but merely recording the fact that some do, and what they mean by it.

    Good Lord, the OED had better watch out -- it's got 'xerox' and 'Kleenex', at the very least, and might get sued by companies after their trademarks have become common words.

    This argument sounds familiar: "I'm not responsible for the fact that this exists; I'm just recording that fact." Isn't that how Google's counsel would likely respond to charges that their site enables pedophiles to find depictions of illegal sex, like so?

    http://www.google.com/search?q=young+girl+erotic a

    If they have no duty to remove this from their site, what duty do you have to remove a harmless bit of lexicography?

  249. Re:Updated definition - still incorrect by cpt+kangarooski · · Score: 1

    To google doesn't have to mean to use google.com any more than to xerox means to use a xerox-brand photocopier.

    I have no problems with it applying to any given search engine, and I'd bet that people are in fact using it that way.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  250. Re:never work - But it must by DonFinch · · Score: 1

    Just what we need...a candy bar with updates...

    --
    -- Insert wisdom here:
  251. Somewhat OT, but an example losing trademark by darthwader · · Score: 1

    I tried to look up "kleenex" in my dictionary, and it's not there. But I did find this: "klaxon: n a type of loud horn used on fire engines ... [former trademark]"

    How many of you knew that a klaxon refers to a specific brand of horn, and not to just any annoying horn?

    --
    I hate it when I make a joke and I get modded "+5 insightful". Mod the stupid comments "funny", not "insightful", pleas
    1. Re:Somewhat OT, but an example losing trademark by Hognoxious · · Score: 1

      Ditto Tannoy, for a public address system.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  252. In Other News... by Esion+Modnar · · Score: 1

    ... 3M moves to have the letter M stricken from the alphabet as a trademark violation.

    --

    They say the first thing to go is your penis. Well, it's either that or your brain. I forget which...
  253. Re:Huge Difference. Bad Example. by bluprint · · Score: 2, Insightful

    So it's better to sue words out of the English lexicon in order to provide a few people making money, than allow the language to change even if it means a certain person (or small group) can no longer be the only users of a particular string of words...

    Dictionarys are reflection of language, not the other way around. Leave it alone. Else, how would someone who didn't know what the term "to google" mean, be able to find out? THAT's what dictionarys are for.

    --
    A modern day witchhunt.
  254. The word google wasn't invented by Google by CastrTroy · · Score: 1

    googol,or google, as it is spelled by douglas in HHGTTG, I "dictionaried" that on dictionary.com. I had heard that word many years before the world wide web existed on a show called, Square one, a show demonstrating to kids the fun of math, used this word in one of their episodes. it was on PBS, what do you expect..... anyway, it meant on that show a number which is a 1 with a hundred zeros after it, which i guess would be 10^100. They can't trademark a word that already existed.

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    1. Re:The word google wasn't invented by Google by 955301 · · Score: 1

      Whatever. Sun Microsystems is trademarked. Coca Cola is trademarked. Coopers Tires, etc etc etc. All of these words have already existed. Google, when used to refer to searching, is trademarked.

      Something you need to understand, is that a trademark protects use of a word in context. Could Google have trademarked it's name to refer to the number you mentioned? Absolutely not.

      A good way to understand what it going on here is to fill out the form on the USPTO site to file a trademark. Try it.

      --
      You are checking your backups, aren't you?
  255. Use of marks which are functional is a defense by belrick · · Score: 1

    To wit:
    US Code TITLE 15 > CHAPTER 22 > SUBCHAPTER III > Sec. 1115. Sec. 1115. - Registration on principal register as evidence of exclusive right to use mark; defenses, specifically paragraph "(b) Incontestability; defenses" clause (8) stating:
    (b) ... Such conclusive evidence of the right to use the registered mark shall be subject to proof of infringement as defined in section 1114 of this title, and shall be subject to the following defenses or defects:
    ...
    (8) That the mark is functional;
    QED

  256. Lern to count. by autopr0n · · Score: 1

    Well, alltheweb digs up 41 sites other then slashdot or k5 that have links to me. Google apparently can't handle the link:... and -site:... commands together, but finds 87 pages not on slashdot or k5 that discuss me. Most of those pages also link. None of them were written by me.

    Lets not forget that nothing else out there is called autopr0n, and almost every single page that does have the term also has a link to my site. Especially those which appear at the beginning of the search results.

    Intresting experiment, try doing a search for "redhat 8 ISOs" on google and on Alltheweb, then get back to me on how great google is.

    --
    autopr0n is like, down and stuff.
  257. Re:Coking by Malfourmed · · Score: 1
    These days, if you order a "Coke" and they only have Pepsi products, your server will have been trained to ask "is Pepsi okay," because Coke occastionally sends reps out to look for restaurants who are substituting Pepsi for Coke orders without telling customers, and suing the asses off anybody they catch doing it.
    Have Coke's lawyers been sending cease and desist letters to the Columbian drug lords then?
  258. WordSpy.com doesn't have Slashdot(ted) by Anonymous Coward · · Score: 0

    Did anyone look up Slashdotted on the Wordspy website... no entry....

  259. i dunno.. by Suppafly · · Score: 1

    I'm not sure i buy the whole "to google" is a common word. It's not really. As much as I love google, its really not even heard of by most of the aol using masses. While "to google" might be popular with the crowd I run with, it's certainly not commonly used. Isn't there some time limit on how long it is commonly used before other people and start claiming it's part of the english language and doing what they please with it? The whole xerox example is flawed because although people say "to xerox" just like they say "to google" but you won't see a commercial for a Canon Brand Xeroxer nor will you see commercials where another brand claims to xerox documents.

  260. Verb!!! by ipour · · Score: 2, Funny

    So let me get this right, if I'm googling, I'm bogarting a verb, and the lawyers will ralph-bunche me to death???

  261. Re:Updated definition - still incorrect by Xtifr · · Score: 1

    To google doesn't have to mean to use google.com

    Doesn't have to? Sure? But that fact is that it does. If I told you to go google for "google for", where would you go? So, go google for "google for", and see how many counter-examples you can come up with. If you'd like, you can even search for "google for" on other search engines, and see if you do any better. :)

  262. The word 'google' already existed. by Anonymous Coward · · Score: 0

    Since 'google' already existed as a word long before Google.com, I can't see what they are complaining about.
    A google is a very large number, defined as:
    "google: a google is a fantastic number; it is a number followed by 100 zeros."

  263. Can't claim proprietary rights? by muzzmac · · Score: 1

    If you can't claim proprietary rights to a "verb" then I might have to obelix them.

  264. Disgusting! by mshiltonj · · Score: 1

    Crap this makes me question the legitimacy of trademarks as much as I question patents.

    What do you call a dried grape? It's call a raisin. It's in the dictionary.

    What do you call a dried cranberry? You can't call it a Craisin, because that word is a trademark of Ocean Spray.

    Why isn't raisin trademarked? Legal fiat is getting ridiculous.

    1. Re:Disgusting! by poofmeisterp · · Score: 1

      If you could call a dried cranberry a Craisin, any individual could market to poor, helpless consumers, a poisonous colloid capable of instantaneously eating away internal organs. It's to PROTECT THE CONSUMER... DUH..
      Wait...

      *lol*

  265. 10 to the hundredth power = google by borgheron · · Score: 1

    It's a noun describing a number. The lawyers haven't got a pot to piss in.

    GJC

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep
    1. Re:10 to the hundredth power = google by Anita+Coney · · Score: 1

      Wow, does anyone here understand trademarks? Or maybe a better question to ask, if you do not understand trademarks, why do you post as if you do?

      The mere fact that there are other meanings to a word does not stop it from being a valid trade name. Apple is a fruit, but that does not invalidate Apple's trade name.

      If you tried to start a company that sold underwear and named it Apple, you could. There would likely be no confusion between Apple Computers and Apple Underwear as they cover different markets.

      I could also open up a record store and call it McDonalds. Once again, different markets, same word.

      Google took a part of a word and used it to name their internet search business. There is nothing wrong with doing that, it happens all the time. Look at Microsoft. Gates took the words "micro" from microcomputer and "soft" from software, combined them into something new, and viola, a valid trade name!

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    2. Re:10 to the hundredth power = google by poofmeisterp · · Score: 1

      Wow, does anyone here understand trademarks? Or maybe a better question to ask, if you do not understand trademarks, why do you post as if you do?

      To piss off people who pick on uninformed individuals.... we do it for kicks.
      Sometimes we also do it to get the very same people to type a whole bunch of crap in response, thus boosting the carpal tunnel treatment racket.

    3. Re:10 to the hundredth power = google by borgheron · · Score: 1

      To the contrary. A recent case ruled that Microsoft cannot own the trademark on the Windows name since it is so general.

      I'm sure if it ever went to court, Apple would loose in a similar fashion. Apple can own the phrase "Apple Computer" or "Apple Macintosh" when applied to their computers, but cannot control the use of the word Apple in other contexts, which is I believe what was at issue with the word "google" in this case.

      Are you sure that you understand trademarks?

      GJC

      --
      Gregory Casamento
      ## Chief Maintainer for GNUstep
  266. Can you say Circular Argument? by Anonymous Coward · · Score: 0

    I knew you could

  267. Hogwash by p3d0 · · Score: 1

    If we all started talking about "Microsofting" something, I'm sure you'd get a cease-and-desist, and you'd deserve it. The word is trademarked.

    --
    Patrick Doyle
    I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
    1. Re:Hogwash by Anita+Coney · · Score: 1

      You're wrong. Microsoft could not sue an indvidual for using the term "microsofting." The purpose of trademarks is to protect consumers. If I use the word "microsofting" (whatever that would mean) at work, no one would confuse me of BEING Microsoft. If there is no confusion, there could be no valid cease-and-deist.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    2. Re:Hogwash by p3d0 · · Score: 1

      Damn, you're right. I stand corrected.

      --
      Patrick Doyle
      I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
    3. Re:Hogwash by poofmeisterp · · Score: 1

      My God, man! I've never seen anyone on /. admit they were wrong about anything. You rule.

  268. Uh oh by Splurk · · Score: 1

    I hope this does not affect my ability to look up googlisms.

  269. Remember when 'access' was a thing? by stubblehead · · Score: 1

    Excellent Calvin and Hobbes reference, Tim.

    --

    Rock!
  270. holy shit... by FIT_Entry1 · · Score: 1

    This is the very definition of branding. Marketing people kill for this type of exposure. Apparently Google's sales and legal dept's don't speak to each other much.

    1. Re:holy shit... by Anita+Coney · · Score: 1

      You don't understand trademark law. If everyone started using the word google as a verb, then it would become generic. When that happens Google.com would lose its right in the name. For example, Aspirin used to be a trade name, but over time people started calling all acetylsalicylic acid tablets aspirin. Because the word eventually became generic, Beyer lost the right to the word and then everyone can use it. Now it's quite common to see rows and rows of aspirin at drug stores. Companies can protect the loss of the trademarks by bringing suits against those who misuse them. However, Google.com has no basis to sue a dictionary for using the verb "to google." A dictionary has the right to publish how we use the language, regardless of trademarks.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    2. Re:holy shit... by poofmeisterp · · Score: 1

      Valid and good point...
      but remember that once you use a verb that you haven't used before, you'll question its origin. You'll then likely visit the place of origin (in this case, Google.) That's great PR.

      Also, they could be discouraging its use to invoke the "bigger dick effect." This, in essence, states that if you request something from someone and they don't agree, it will encourage them to do so to a greater degree (use Google in everyday language more, spreading the word... so to speak)
      Just my $.02

  271. Re:never work - But it must by Anonymous Coward · · Score: 0

    "That was a wicked googly!" -- Jerry Seinfeld.

  272. Genericity? by Steve+Franklin · · Score: 2, Insightful

    In case you guys and gals haven't noticed, "google" is just an intentional misspelling of "googol," a perfectly good English word for a one followed by 100 zeroes, 1,000,000,000...[88 0's]...000. The misspelling results from the fact that the word is already generic--it's a noun. So the lawsuit is not over the word "google," it's over the replacement of the third "o" with an "e" and its transposition across the letter "l". Talk about an overly litigenous society. Does this mean I can trademark the word "slashdaht"? How about "Santy Claus"? "MacDonalds"? "Blue cheese"? Where does this stupidity end?

    To the tune of...M-I-K...K-I-E...M-O-W-S...

    Think I'll start a music award called the Grannys...

    "Kill the lawyers."

    --
    Hic iacet Arthurus, rex quondam rexque futurus.
    1. Re:Genericity? by Anonymous Coward · · Score: 0

      Generic word can (sometimes) be used as trademark. Some of your suggested words which is easily confused by existing trademarks cannot be trademarked. In this "Google-google" case, we are talking about the situation trademark is becoming "generic". There is no doubt people is using the word "google" after "Google", but not after that infamous word "googol". And,"Google" is already a trademark. That's totally different situation.

    2. Re:Genericity? by sfe_software · · Score: 1

      Trademarks are quite often purposeful mis-spellings of existing words. And in reality you can trademark an existing, generic term, under certain conditions. Apple Computer comes to mind. Gigabyte (makes motherboards) is another, and similar to the "googol" morphing into "Google".

      Anyway, you can't purposely try to trademark a term similar to a competitor -- like the MacDonald's example -- as it creates confusion, usually intentional.

      You could have Apple Real-estate, or Apple Shoes, without problem. But if you tried Apple Computer Consulting you might be asking for trouble.

      Bottom line: Google is a perfectly valid trademark. As for it becoming a generic term -- well, I consider "google" as a verb to mean "search using Google". I'd never use the term in reference to searching using another engine, that wouldn't make much sense.

      I may use it to generically describe the act of searching the 'Net, but the use of Google is implied. I don't believe I've even touched another SE since discovering Google -- and likely those using the term as a verb are the same way (that's why the term became popular).

      So the risk of losing the trademark IMO is low, but they still are required to defend it...

      --
      NGWave - Fast Sound Editor for Windows
    3. Re:Genericity? by BridgeGarth · · Score: 1

      I'd never use the term in reference to searching using another engine, that wouldn't make much sense.

      I don't know about the US, but here in Britain it is quite common to use the verb "hoover" to mean sweep the floor with an electric vacuum cleaner of any brand.

    4. Re:Genericity? by zackbar · · Score: 1

      Here in the US, the word "hoover" isn't used very commonly, but people will understand what you mean if you use it.

      It's also used in reference to non-cleaning, as in hoovering one's food.

    5. Re:Genericity? by Capsaicin · · Score: 1
      And in reality you can trademark an existing, generic term, under certain conditions. Apple Computer comes to mind.

      The use of 'Apple' pertaining to computers is in no way generic. Noone says 'my Apple' meaning my 'my Sun box' or 'my Intel box' etc. 'Genericity' does not simply mean a word in everyday usage. For the same reason the argument that Google resembles the word Gogol is irrelevant. Assuming there were no other search engines by that name, Google would have been free to call themselves 'Gogol'.

      You could have Apple Real-estate, or Apple Shoes, without problem. But if you tried Apple Computer Consulting you might be asking for trouble.

      Traditionally that was the case. What was necessary was the the brand was "sufficiently adapted to distinguish" the make (ie. all of the above would be work, but 'Apple Fruitsellers' might not), and that noone else in the same category of goods was using it. However under TRIPS (the WTO IP agreement), there is now protection for 'famous name' brands. Meaning that the big brands have protection across the range of all categories (without even having to pay for registration in each category). Of course this ditches the old liberal principle of equality before the law, but since the large corporations wrote these laws that's hardly surprising. Whether the 'Apple' brand name is famous enough to attract this special protection is a question for the courts to resolve.

      Bottom line: Google is a perfectly valid trademark.

      Absolutely. But if the use of the word 'google' becomes generic (ie if you can 'google' on alta vista), it may not remain so.

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
  273. Re:Coking by Golias · · Score: 1
    Have Coke's lawyers been sending cease and desist letters to the Columbian drug lords then?

    If they wanted to, would you take the job to deliver them?

    --

    Information wants to be anthropomorphized.

  274. Google - isn't that a peanut butter by e.coli · · Score: 1

    I know that I saw this product on the grocery shelves here in the US recently. For sure it has been around for a while because I bought it for the kids when they were small. Used to come with chocolate or jelly already mixed into the peanut butter. The label had a pair of eyes on it. There was a big ad campaign on the television for a while and then it got relegated to the back shelf. I think it was by Kraft foods (but maybe not) and came out in the 70's. I think that they called it that because of the googly eyes.
    Wouldn't that be prior use of the name????

  275. blame jamie ;) by timothy · · Score: 1

    He suggested that title and pointed out the strip from which the reference is drawn; I prefer Dilbert and Boondocks, myself.

    It's not that C&H was *bad* -- I just thought it was awfully cloying, and I respect the artist for stopping when he obviously could have cranked it out for years ala Peanuts, Spiderman, Prince Valiant, etc.

    timothy

    --
    jrnl: http://tinyurl.com/c2l8yr / foes: http://tinyurl.com/ckjno5
  276. have to say it by Anonymous Coward · · Score: 0



    I almost microsofted my shorts when I read that.

  277. Re:Huge Difference. Bad Example. by Anonymous Coward · · Score: 0

    Usually, if I need to find out what a word means, and I don't have a dictionary handy, I'll just google for it.

    Said bluprint: Else, how would someone who didn't know what the term "to google" mean, be able to find out? THAT's what dictionarys are for.

  278. looks like some will google elsewhere by binarybum · · Score: 1


    I really thought Paul McFedries response using Lexis Nexis to prove his point was a nice touch!

    --
    ôó
  279. Googles reasons by SPeW · · Score: 1

    They might just be trying to break out of the shell as being labeled as a search company. Especially now with their purchase of Pyra and Blogger software it seems that Google is trying to do and be more than just a search engine. They weren't even originally trying to develop a search engine in the first place. So it seems that this is more like a cry like "hey stop calling me a search engine, I'm more than that". Their suit may be unjustified but it looks like they are just trying to protect their image, since becoming a household term should never be frowned upon, you can't get better advertising than that.

    --
    MoRe... LaTeR... -=PJK=-
  280. Protecting Trade Marks by marko123 · · Score: 1

    In Australia, IIRC, you can lose your trademark if you don't actively protect it (e.g. send in the clowns).

    --
    http://pcblues.com - Digits and Wood
  281. Note to Google by yppiz · · Score: 2, Interesting
    Rule #6: Don't be evil.

    --Pat / zippy@cs.brandeis.edu

    1. Re:Note to Google by poofmeisterp · · Score: 1

      We didn't think anyone would actually READ that crap.. damn.. delete that page!
      Hope google doesn't have it cached.. lol

  282. Re:never work - But it must by Alien+Being · · Score: 3, Funny

    Introducing Spamdex, the luncheon underwear.

  283. And here's the proof by Dephex+Twin · · Score: 2, Interesting
    Here.

    Aspirin's success ended up costing the Bayer Company a great deal of money, when the U.S., England, France, and Russia forced it to surrender the trademark to them, as part of Germany's war reparations at the close of World War I. Bayer gave up the trademark in 1919, as part of the Treaty of Versailles, which explains why the aspirin, stripped of its trademark, is now written in the lower case.
    --

    If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
  284. Pattern Recognition? by Anonymous Coward · · Score: 0

    Will this have any effect on Wm Gibson, as his latest book Pattern Recognition, uses Google in the verb form at least 4 times?

  285. Did you _read_ the post? by Plug · · Score: 1

    Paul McFedries got sent a letter and posted it to the American Dialect Society list for discussion and to find out what people recommended he do. I hardly call that panicing.

    Someone else, presumably someone on that list, posted it to /., and then everyone else started making armchair assumptions.

    By the time I got to the wordspy page, it referenced Google as being a trademark of google.com.

    I think you're barking up the wrong tree here.

  286. Go ogle? by Anonymous Coward · · Score: 0

    That has got to be the stupidest fucking thing I have read all week.

  287. Re:Updated definition - still incorrect by cpt+kangarooski · · Score: 1

    Oh, I'd use Google. But that's merely because I prefer to use Google. If liked Alta Vista more (and once upon a time it was the champ), then I would've used that in response to your request, provided that it offered a service that could fulfill it.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  288. This isn't a C&D letter by Anonymous Coward · · Score: 0

    I don't know what everyone is getting upset about. This isn't a C&D letter this is standard boilerplate thats sent out to writers and publishers all the time by trademark holders. Read any issue of Writer's Digest and they take out full page ads with that say the same things. This kinda of thing has been going on for decades.

    btw: does anyone actually use google as a verb, I'd feel kind of embarrassed to myself.

  289. Um by Anonymous Coward · · Score: 0

    Google or google isn't a verb.
    At least not in the English dictionary.

  290. On Buffy... by Anonymous Coward · · Score: 0
    Willow: Have you googled her yet?

    Xander (shocked and disgusted): Willow! She's 17!


    -- "Buffy the Vampire Slayer", episode 7.04: "Help"

  291. that's great by dayakiran · · Score: 1

    this just shows how effective "google" has become on the internet. dont know if they really need all this legal humbug

  292. Calvin by Anonymous Coward · · Score: 0

    I did the same thing (searched for 'calvin') and was very surprised to find that there was only one thread (with only two replies) on the topic. Surely the author was thinking of Calvin. I love Calvin and Hobbes... Sigh...

  293. Another response posted to ADS-L by Mr.+Pibb · · Score: 1

    I read the ADS-L Digest daily, it's pretty interesting. Anyhow, here's a post to ADS-L that I haven't seen posted here.

    Subject:
    FW: Google trademark concerns
    From:
    Frank Abate
    Date:
    Tue, 25 Feb 2003 06:44:02 -0500

    Dear lexos and others:

    Paul McFedries gives us (see below) a classic instance of what happens when
    the growth of the language cuts across someone's proprietary interest.

    Of course google is used as a verb. And why not? It only makes sense, it
    is short, it is fun, it works. And what the Google (TM) lawyer knows, but
    does not say, is that the company he represents cannot do anything about its
    use as a verb, legally. They cannot sue, as one cannot claim proprietary
    rights to a verb. Jesse Sheidlower recently pointed this out to me;
    apparently it is an explicit part of US law re trademarks.

    So the lawyer is really merely trying to get Paul McF to do something that
    he need not do, but hopes he will be scared into it by having received a
    letter from a corporate attorney -- enough to get anyone's attention. I'll
    bet it was sent certified mail with a return receipt requested -- that
    always impresses (and scares) people.

    The bottom line on this is the following:

    1. The English language has a verb, google. It is new, but it is in
    widespread use, and this can be documented.

    2. It is perfectly right and legal for dictionaries to cover this new verb,
    or any new usage for that matter.

    3. The company Google apparently has a trademark interest in the use of the
    term "Google" (whether capital or not), but legally, by statute, can only
    protect that use as anything other than a verb. So, if someone were to come
    along and set up a similar service to what Google does and use the word
    google on that service, then Google could sue to stop that. They could
    even, conceivably, get a cease-and-desist order from a judge to stop that
    use instantly, during the waiting period for a trial on the matter. This is
    within their legal rights as trademark holder, assuming that they have filed
    for a trademark for the exclusive use of the word commercially.

    4. Paul McF -- or any lexicographer or dictionary publisher -- can and
    should cover the language as they see fit. They should not feel restricted
    by trademark issues, as regards whether they report on actual, documentable
    usage. That sort of reporting is the same as what journalists do, and so,
    in a sense, if not in actual, legal fact, is protected by the First
    Amendment as a matter of free speech. Reporting on usage is not a violation
    of another's commercial interests, at least not unless the circumstances are
    VERY unusual.

    5. The best policy to follow in cases like this, as regards how a dictionary
    should handle these sorts of things, is to report on the usage and have the
    evidence ready to back up what the entry says. If a term is a trademark
    item or may be a trademark item, it is good practice to acknowledge this
    explicitly in the entry, in a note or in the etymology. Having done that,
    the entry should report on the usage.

    6. Finally, it is good practice to put a general note in the front matter of
    a dictionary (or equivalent place for an e-dict) saying that the mention of
    "trademark" (or similar words) in any of the entries does not affect the
    actual legal status of the term, but is merely an acknowledgment that the
    lexicographers have found in their research that there may be a trademark
    (or similar) claim with regard to certain terms in the dictionary.

    In short, Usage trumps Legality, in this instance, at least.

    Frank Abate

  294. The problem is with the stupid law by Anonymous Coward · · Score: 0

    Google have no choice - if it turns into a commonly used verb then they can no longer trademark it and then any compitetor can use the name.

    Gilad.

    1. Re:The problem is with the stupid law by Hognoxious · · Score: 1
      and then any compitetor can use the name
      Not in the UK, it would be 'passing off' if it was used in conjunction with a similar type of product or service.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  295. Re:never work - But it must by Phroggy · · Score: 1

    good lord man, don't do that to me this late at night! roflmao..

    --
    $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
    $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
  296. Other languages? by Trurl's+Machine · · Score: 1

    Are there any other languages with this "to google" neologism? It fits to Polish like a hand to a glove. goglac - "to google", wyguglalem - "I have googled", wyguglaj to jeszcze raz, Sam - "google this once again, Sam".
    How to say "I have googled" in German: Ich habe gegoogled? And in French would it be j'ai google? In Japanese, could it be something like googaro?

  297. Storm in a teacup warning!! by hplasm · · Score: 1
    Nobody says ``google for it''

    'Nuff said.

    --
    ...and he grinned, like a fox eating shit out of a wire brush.
  298. Though Disney may not like it... by Robin+Lionheart · · Score: 1

    In my opinion, the American Dialect Society should ignore this mickey mouse complaint.

    1. Re:Though Disney may not like it... by poofmeisterp · · Score: 1

      I represent legal counsel for Disney, and......

      hahaha

  299. other verbs by steveheath · · Score: 1

    perhaps 'to slashdot' should be a verb to? meaning to subsume with excessive quantities of requests for information.

  300. doesn't google mean by Kanasta · · Score: 1

    1 with 100 zeros after it?

    therefore I would propose that 'to google' is to count very large numbers...

    1. Re:doesn't google mean by DigitalSorceress · · Score: 1

      I think that is googol

      http://www.wikipedia.org/wiki/Googol

      --

      The Digital Sorceress
  301. More trademark infringement by Anonymous Coward · · Score: 0

    This guy should be careful not to upset any trademark lawyers: his name is nearly McFries.

  302. reality trumps legality by Anonymous Coward · · Score: 0

    A similar situation exists for dobro, which is a slavic (slovenian?) equivalent of "good", a type of resonator guitar, a style of playing hawaaian guitar, and a trademrk, now owned by Gibson. They appear to claim exclusive rights to the terms "Dobro" and "dobro", while ironically replacing the word "Dobro" on the headstock with "Gibson" on new models.

  303. Trademark law, 101 by 955301 · · Score: 2, Insightful

    My vote's with Google.

    Registering a trademark is done in an effort to justify the enforcement of two important points.

    - Preventing competitors from misleading customers by using your brand for their product or service.
    - Preventing your brand from becoming generic and therefore losing it's uniqueness.

    This guy really wasn't thinking when he did this. Why on earth would Google want their name used in a manner which would allow their competitors to use the term? If everyone uses it generally to mean 'to search', that sets a precedence usable in court. If Google doesn't counter each attempt to use its name improperly, an argument can then be made that anyone can use it.

    It's not a parody, and it's not freedom of speech. He's microsofting Google's brand.

    --
    You are checking your backups, aren't you?
  304. Re:Let's make Google a pejorative instead. by Walterk · · Score: 1

    Perhaps one of the most interesting words in the English language today is the word "google".
    Out of all the English words that begin with the letter 'g', "google" is the only one referred to as "the g-word". It's the one magical word.
    Just by it's sound it can describe pain, pleasure, hate and love.

    In English "google" falls into many grammatical catagories. As a transitive verb for instance:
    "John googled Shirley"
    As an intransitive verb:
    "Shirley googles"
    It's meaning is not always searching. It can be used as an adjective, such as:
    "John's doing all the googling work."
    As part of an adverb:
    "Shirley talks too googling much."
    As an adverb enhancing an adjective:
    "Shirley is googling beautiful."
    AS a noun:
    "I don't give a google."
    As part of a verb:
    "Absogooglinglutely" or "Ingooglingcredible" and as almost every word in a sentence:
    "Google the googling googlers".

    You must realize there aren't many words with the versatility of "google". As in these stituations describing fraud:
    "I got googled at the used car lot!"
    Dismay:
    "Ahh.. google it!"
    Trouble:
    "Oh, I guess I'm really googled now."
    Aggression:
    "Don't google with me buddy!"
    Difficulty:
    "I don't understand this googling question!"
    Inquiry:
    "Who the google was that?"
    Dissatisfaction:
    "I don't like what the google is going on here!"
    Incompitence:
    "He's a googleoff!"
    Dismissial:
    "Why don't you go outside and go play hide and go google yourself!?"

    I'm sure you can think of many more examples. With all these many purpose applications, how can anyone be offended when you use the word? We say, use this unique, flexible word more often in your daily speech. It will identify the quality of your character immediatly. So say it loudly and proudly: "Google you!".

  305. Google trademark by Anonymous Coward · · Score: 0

    Abate may be a good dictionary editor but he's not much of a lawyer. A trademark can be protected against use as a verb, noun, adjective, or any other part of speech.

  306. badluck by DABANSHEE · · Score: 1

    that's life

    Anyway it's every venture capitalists dream that the new business they backed becomes so synominous with that business its name becomes a verb.

    IE they can't have their cake & eat it 2.

    If they want success they must accept the costs of that success, one being the potential verbalisation of their trademark.

  307. too late, 2 Googleplexes already exist by DABANSHEE · · Score: 1

    googleplex.com, a website Googleplex Media, a business

  308. actually, google didn't come up with the word by weeblewobble · · Score: 2, Insightful

    According to the Oxford English Dictionary:

    google:

    intr. Of the ball: to have a 'googly' break and swerve. Of the bowler; to bowl a googly or googlies; also (trans.), to give a googly break to (a ball). Hence googler, a googly bowler.

    1907 Badminton Mag. Sept. 289 The googlies that do not google. 1909 Westm. Gaz. 5 July 7/4 Mr. Lockhart, having 'googled' to no purpose from the 'nursery' end. 1923 Daily Mail 9 July 11 In R. H. Bettington they have a googler who might triumph over the best of wickets. 1928 Daily Tel. 12 June 19/2 Constantine..was out to a semi-yorker, which also 'googled'. 1930 Ibid. 25 Apr. 8/5 Grimmett..can spin the ball and google it.

    And...

    obs. form of GOGGLE a. and v.1

    I. 1. a. intr. Of persons: To turn the eyes to one side or other, to look obliquely, to squint; also to goggle with the eyes and to goggle at (a thing). In later use, to look with widely-opened, unsteady eyes; to roll the eyes about.

    That one dates back to 1380.

    Who decides how and why and when a word changes its meaning? The speakers of the language.

  309. I like Google and all, but... by Anonymous Coward · · Score: 0

    This is annoying. They can protect trademark without having to be assholes about it. If they sent a letter that stated their case and asked that the tag, "as popularized by the Google(tm) World Wide Web search engine" (or something like it) be added to avoid confusion, the sites would be in the clear and Google would come off looking (and smelling) like a champ.

    I am always surprised how altruistic really-smart(tm) geeks and their projects are co-opted by the lawyers (I say take Shakespeare's advice... kidding). As a geek, in their place, I would be ashamed.

    You can be a good person and extend that into successful businesses. It takes effort and a willingness to stay true to yourself. Hopefully the Google founders will catch on.

    They could choose to fight some of the fights they've come across (the whole scientology and China things). Instead they take passive stabs. Annoying at best... dangerous also...

    I say... stop using google for a week. Explore what else is out there. A significant drop in searches for an extended period of time might get noticed. You may even discover other search technologies out there that are more useful and more to your liking.

    Use Dmoz.org as a first shot at the very least.

  310. Re:Further OT by Anonymous Coward · · Score: 0
    On The Onion today, there is a 'story' about 24-hour a day warning sirens being used to keep the American public aware of the Orange Alert. The word klaxon is used, I had never heard of it before. Now I know what it means. Thanks!

    http://www.theonion.com/onion3907/orange_alert_sir ens.html

  311. Googling for newly met strangers overrated? by fizbin · · Score: 1

    And how does this even work, anyway?

    I mean, I'll admit that I don't have any really interesting web pages up at the moment, and I've not been a long-time participant in any huge news flamewars, but I have had at least some personal web pages up since 1994 or thereabouts. (sure, they moved as I moved schools, but so?)

    So anyway, I ought to be about as google-able as your average 20-something. But you see, this google search on my name doesn't actually produce any useful information about me. It doesn't say what high school I went to, it doesn't give who I work for, etc. All it gives is hit after hit about some artist who doesn't even really share my name. Sure, I have a somewhat common name, but it's not as though my last name were "Smith".

    So what do people search on in order to find out dirt about their dates? I just can't see it as producing anything useful for most people.

  312. The difference is in the search results by CausticPuppy · · Score: 1

    When you're googling for a particular sock, you always find it in the very last place you look.

    Now, if you're googling for socks in general around your house, you don't stop when you find a sock. You keep going and when you've searched all possible locations, you have a list of a bunch of socks. Then you have to look in your list and find the sock that best fits your needs.

    In my case, "no smell" has to be added to the search criteria in order to weed out unwanted results.

    --
    -CausticPuppy "Of all the people I know, you're certainly one of them." -Somebody I don't know
  313. Re:Huge Difference. Bad Example. by Anonymous Coward · · Score: 0

    the law is bullshit. there isn't much difference between a noun and a verb in english.

  314. words heard in the office.. by esobofh · · Score: 1

    I just googled up that image and then photoshopped it up.

    --

    ----------------------------
    Esobofh - Currently drinking fresh mango juice.
    1. Re:words heard in the office.. by poofmeisterp · · Score: 1

      YOu better be quiet! Adobe WILL SUE!

  315. I say "be satisfied with what you have." by StupidKatz · · Score: 1

    Since "almost every single page that does have the term also has a link to my site", I'd say you have nothing to worry about.

    Google isn't perfect (no one is), and it's trying to stave off attacks by those who wish to abuse its system and profit from it. If someone is looking for "autopr0n", then they already know about your site, and if so, the myriad of links on the other listed pages point back to you.

    Seems that they're being rather harsh with the penalties for apparent google-bombing, but... hey, I'm not the boss there.

  316. INTERNAL SERVER ERROR by StupidKatz · · Score: 1

    It also could be because autopr0n is broken...

  317. Scots revolt. by Anonymous Coward · · Score: 0

    This is also why McDonalds threatens any one who calls their restaurant McX.

    Ever been to Scotland or N. Ireland? Every restaurant is either O'X or McX.

    Fact is, in the US, any restaurant owner whose name is actually McDonald can call their establishment "McDonald's" with impunity. In a few towns in Texas, some restaurants had "McDonald" in their name before the chain tried to move into town. They successfully forced the franchises to use a different name-- they chose "Golden Arches" until the 1980s, when they switched to "Mickey D's."

    Where's William Wallace when you need him?

  318. You all need to stop! by poofmeisterp · · Score: 1

    Be careful. Amazon could shut this whole operation down with their new patent...

  319. Re:Geez! It's a VERB! by poofmeisterp · · Score: 1

    It's a VERB!!!! Bush would be SO PROUD!

  320. Re:Not in a possition by JThundley · · Score: 1

    Could anybody really use the name Xerox like that just because of people call a device by the company name? That seems wrong. How can this be legal? Can anyone reassure me or prove it?

  321. someone tell Google they're too late: by Anonymous Coward · · Score: 0

    the word's been a verb since at least 1907, according to the Oxford English Dictionary. just making a comeback:

    google, v. (cricket) intr. Of the ball: to have a 'googly' break and swerve. Of the bowler; to bowl a googly or googlies; also (trans.), to give a googly break to (a ball). Hence googler, a googly bowler.

    also, google: obs form of google, v. I. 1. a. intr. Of persons: To turn the eyes to one side or other, to look obliquely, to squint; also to goggle with the eyes and to goggle at (a thing). In later use, to look with widely-opened, unsteady eyes; to roll the eyes about.

    b. Of the eyes: To turn to one side, to squint. In modern use, to project from the head and move unsteadily, to roll.

    2. trans. To turn (one's eye) to one side, or (in modern use) from side to side with an unsteady motion. Also with about.

    II. 3. intr. To sway or roll about; move loosely and unsteadily. Also to goggle with the head, to shake or wag the head. Obs. exc. dial.

    4. trans. To cause to shake. fig.

    it's all moot, anyway. newbies google, pros use any of a number of metasearch engines.

  322. Well, some people do. ;) by diggitzz · · Score: 1

    When I worked in web-dev software, I turned into such a webhead that I'd regularly (sometimes accidentally) use netspeak in everyday language. I even didn't realize I was doing it until the Co went belly-up and I returned to college, where I frequently got "huh?" in return. I think 'googled' got the most weird looks out of any of them; "you did *what* to him?!" HEH ;)

    --
    -=[You cannot consistently judge this statement to be true.]=-
  323. Cricket, anyone? by Anonymous Coward · · Score: 0
    I took a look for google in my dictionary (The Chambers dictionary, c. 1993, 1995) and I came across the following entry:
    "googly - (cricket) n. an off-breaking ball with an apparent leg-break action on the part of a right-arm bowler to a right-handed batsman, or conversely for a left-arm bowler. -- Also adj. -- vi google to behave or bowl in such a manner. [Ety. dubious]"
    Any cricket-playing slashdotters out there know of this term? Sounds like "to google" is already a verb, but nothing to do with searching.
  324. GOOGLE by newtish · · Score: 1

    MMMMMM GOOGLE....

  325. Xerox/Kleenex/Google.... by borgheron · · Score: 1

    Some words are bound to become household words. When you want to copy something you "xerox" it. When you need to blow your nose you use a "kleenex". And now when you want to search for something on the internet you "google" for it.

    English changes with usage. Despite what Google's lawyers might want or think, people will use the word in whatever way they wish.

    Google may own the trademark on the term Google when it comes to their intellectual property and their company, but they CANNOT stop the use of the word in other contexts *particulary* when it involves how people use the word "google". This is exacerbated by the fact that the word has been in the English parlance since 1938 (although spelled slightly differently):

    googol

    The number represented in base-ten by a
    one with a hundred zeroes after it.

    According to Webster's Dictionary, the name
    was coined in 1938 by Milton Sirotta, the
    nine-year-old nephew of American
    mathematician, Edward Kasner.

    Besides, doesn't this effectively help Google by giving them lots and lots of word of mouth advertising??

    Later, GJC

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep