ACS Sues Google Over Use of 'Scholar'

headisdead writes "John Batelle is noting that 'The American Chemical Society yesterday filed a complaint against Google, claiming the new Google Scholar infringes on its own product, called SciFinder Scholar.' Fairly typical subscription vs. free dispute, but with intellectual property issues thrown in for good measure."

Comments

Isn't Scholar a generic word?

[Anonymous Coward]

The article indicates the basis of the suit is that Google Scholar infringe upon SciFinder Scholar trademark. Granted that Google Scholar appears to do more or less what SciFinder Scholar do (minus the fee.)

But I doubt anyone would confuse the word Google and SciFinder. If their entire suit hinge on the word Scholar, I think ACS is facing an uphill battle.

The Real Problem

[kmactane]

The real problem here is that you can trademark a word in common use, like "scholar". Since the ACS did exactly that, roughly 6 years ago, they have no choice but to go after Google (or else have their own trademark claims painfully diluted, or maybe just nullified).

I don't much like what's happening here, but if I were Google, I'd be strongly considering just changing the name of my service. (IANAL, but it really looks like Google will have an uphill battle here.)

Re:Scholar = a common word, an not even the full n

[The Snowman]

I can't believe that McDonalds have trademarked the phrase "I'm lovin' it" (plus a dozen over translations of the phrase in other languages)... that is just so wrong.

It sounds stupid and trivial, but remember the frame of reference for trademarks. If I start my own fast food restaurant chain and use "I'm lovin' it" as a slogan, I think it is fair for McDonald's to sue me (and win) for trademark infringement. My use of the slogan would easily cause confusion with customers. Maybe they think my restaurant is sanctioned or supported by McDonald's when it is not.

If I started an amusement park and used that slogan, McDonald's would have a tough time getting me to stop unless I was also infringing other trademarks (e.g. the entrance to the park was a pair of golden arches).

No way is the ACS harmed

[siskbc]

1. The ACS is going to lose big time in terms of paid subscriptions

No way. I'm a chemist, a member of ACS, I've used scifinder scholar, and I've used google scholar. They're not the same thing, they shouldn't be confused, and furthermore google scholar doesn't provide fulltext access to ACS journals. So there is no effect upon subscriptions. Nor is there any real competition - the products don't even really serve the same purpose. If anyone should be scared of google scholar, it's ISI, makers of Web of Science/Knowldedge, the worst search of all time.

The ACS is just being childish, and as a member, I'm embarassed.