Dell Tries To Trademark "Cloud Computing"
Ian Lamont writes "The Industry Standard reports that Dell is trying to trademark the term cloud computing . The phrase entered the tech lexicon years ago, but Dell's application (serial number 77139082) was made in early 2007 to the US Patent and Trademark Office, apparently in connection with data center products and services that it was promoting around that time. A quick search of Google News indicates that Dell itself did not use the term in press releases or discussions with indexed English-language media sources from 1996 to 2006. Dell is not the first company to attempt to trademark this term: The Standard notes that NetCentric, a company that provided 'carrier-class Internet fax technology,' also gave it a shot in the late 1990s, but was rejected."
What about just 'cloud'? Can can trademark the sky!
the difference between the Meta-Grid and the Hyper-Net!
-Anonymous Howard
And here I thought that only happened with patents.
Don't know why is so important that term. Sorry Dell, I don't see a point here.
Recave
Cloudy thinking by Dell.
The first comment to the article links to the USPTO page for the applicatoin where the status shows that the opposition period went by without anybody noticing, so the mark is one step closer to being validated. It appears only the dependable USPTO is left to block this thing on its own.
I was struck by the comment at the end of the article by a trademark attorney that no-one had opposed it when it was initially published. I think that points to a fundamental flaw in the process: who knows of or sees these things in order to oppose them?
Perhaps that is the clouded thinking that permeates the USPTO and the tech entities that use them to further their cause.
For every present, there is a past
Here is the U.S. Patent and Trademark listing: CLOUD COMPUTING
A device for generating heat based on the constricted flow of subatomic particles through metallic pathways, embedded in a fabric base for easy folding and heat distribution! I call it an "electric blanket" :)
Admit it. You post strawman arguments as AC so you get modded Insightful for refuting them, rather than Troll
When the f*** is someone going to take the initiative, like Al Gore did in creating the internet, to reform the U.S. patent protocol. If it is an algorithm, that is a legitimate patent. There are certain classes of patents, especially technology ones referring to a design methodology, that should not be patented.
All this is going to do is provide ammunition for frivolous lawsuits, and there are plenty of those already with ambulance chasers. Its just a sickening waste of public funds.
Wait, I thought AOL created the Internet.
Microsoft trademarked "windows."
Lacking <sarcasm> tags,
who knows of or sees these things in order to oppose them?
Anybody. The marks are published weekly for opposition. The latest few are available as PDF downloads free of charge; follow the link and you can even subscribe to the paper copy (for merely $1,536/year).
Maybe if Dell patented it we could go back to calling servers "servers."
This reminds me of the Fred Hoyle SF classic where an intelligent cloud from interstellar space surrounds the sun and only a few scientists are able to communicate with it. They were able to use the cloud to thwart others on earth from communicating with it. Brings interesting parallels to monopolies, selfishness and greed to mind.
I like to speculate about the social background of how these things happen. Here is my guess:
Dell top executives were sitting around during a long lunch smoking cigarettes and drinking martinis. One of them said, "We've gotten a lot of free bad publicity in the past, but now that Ed Foster has very unfortunately and sadly died, how will we get bad press in the future?
They smoke their cigarettes for a while in silence while staring at a good-looking waitress, until one of them says, "I know. We will get Dell on the front page of Slashdot by trademarking a commonly used term!"
Another says, "I don't like that idea very much, but since we only get a new idea about once a year, let's do it."
And that's how it happened. Or maybe not. I would love to know the true story, which I think would be more interesting than this fictional one.
is Dell's new TV ad where "Steve" bounces up and down on his bed with an air guitar singing,
Hey! (hey)
Dude! (dude)
Get Off-a Mah Cloud
... if it means nobody else will be able to say "cloud computing" anymore I am all for it. Now it someone would have been able to trademark Web 2.0 life would be good.
"Cloud computing" is one of those "next big thing" products here on slashdot, but who's actually using the term in their marketing? Plenty of people are selling "cloud" applications, but nobody's calling it that as most people think of "the cloud" as untrustworthy.
Is there an actual case of somebody like Amzaon's s3 actually calling themselves "cloud computing"?
Didn't some asshole try to trademark "You're fired" a few years ago. Sheesh.
If you don't know what you're doing, you can't make mistakes.
Maybe they'll have better luck if they actually make a water vapor cloud that can do calculations. But of course then the patent people would just say "WTF, I ordered your new cloud and I'm locked out of local disk management" and refuse them the patent anyway.
Google's Super Secret Search Algorithm: SELECT @search_results FROM internet WHERE @search_results = 'good'
I don't see Dell selling or providing any service or product close to Amazon or Google. Did they think they'll grab the buzzword first and then come up with some idea of a product? Is this the typical Dell way of doing business and product development? Were they thinking of printing cool cloud patterns and sky color on their next laptop line? You'd think with their brand recognition and product reach, Dell would be setting itself up as THE alternative to Windows and Mac with out-of-the-box Linux. There lies the opportunity to be a dedicated hardware manufacturer partner that an Ubuntu or Suse/CentOS needs to make serious inroad into the corporate and government offices. No, Dell rather choose Windows because it is an easy sell, just like everything else they do, take the cheap road.
...special, brings up images of warm spring days and cute fluffy bunny rabbits and various chick flick scenes and [voice="George Carlin"] BULLLLLL SHIT! Get that "sensitive" guy out of the damn room! Who wants a "cloud" computer, give me a category 10 hurricane computer with some richtor 25 earthquake RAM! And Krakatoa I/O!
"Dude, you're getting some computing resources allocated for you in the cloud!"
If I read the USPTO site correctly on July 8th Dell was granted an Allowance to use the term "cloud computing" so they're not "trying" to trademark it, they actually did. And are actually using it in promotional materials. See, http://www.dell.com/cloudcomputing.
If this name grab fails, they could always use 'Crippled Audio Computing' in honor of their secret deal with the RIAA. http://mobile.slashdot.org/article.pl?sid=08/07/11/0128203
A Notice of Allowance was issued on July 8. Examination is over. Nobody objected during the objection period. So Dell owns "CLOUD COMPUTING" as a trademark. The remaining processing is just paperwork - publication in the Official Gazette, and printing and mailing the trademark certificate to Dell.
Now could someone please trademark Web 2.0 so we won't have to hear that stupid buzzword either?
I'm out of my mind right now, but feel free to leave a message.....
There I said it!
Dell itself did not use the term in press releases or discussions with indexed English-language media sources from 1996 to 2006
Why were they using the term prior to 1996, and why did they suddenly stop?
Oh wow! Pyroclastic computing! I want!
Dude, you're getting a Cloud!
Would that be the same as.. vaporware?!? :D
And, yes, I know that's not the official name of the X windowing system -- but it's common usage, and now illegal.
Lacking <sarcasm> tags,
Just to throw a little more oil onto the fire of this argument, I'll point out that while "Xerox" may have become a generic verb in the US (and possibly other countries), I've *never* heard it used in the UK.
Here everyone says "photocopy" or "photocopying", even in everyday conversation. I've heard it said that this is because Xerox was never that big here, and that the first copiers to break the mass market were manufactured by their rivals. Not that we "Canon" or "Brother" a document either, though.
FWIW, people here talk about a "Hoover" and doing the "hoovering" when they refer to vacuum cleaners. Yet I've heard that this isn't common usage in the US, despite Hoover being an American company. Anyway, I remember finding it unusual when my parents bought a Hoover washing machine, because I'd always associated the name with vacuum cleaners (and I *was* about to say "...associated the name with hoovers"!)
"Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
My guess is that you intended to joke, but MetaGrid and HyperNet have already been trademarked. Quote: "GridNet(tm) includes, but is not necessarily limited to, two moieties, The MetaGrid(tm) and The HyperNet(tm)."
Dell has often been adversarial. Here are some recent stories about ways Dell has treated customers poorly:
For example, Dell notebook turns into a Bad Buy. Quote: "... wonder if company executives just don't care anymore what people think of Dell support." Another quote from the same story: "Every contact number I got took me to an overseas call center, and after finally getting past the ridiculous voice systems, when I got a live person and asked for corporate contact info (email or phone) for corporate, I was either disconnected or put on hold for a manager -- who never picked up and I was disconnected after five minutes."
Here's a quote from No Spare Processors for Dell Server: "At what point does a manufacturer's obligation to provide spare parts for a system cease? Consider the experience of one reader who recently found he could not get a processor for a two-year-old Dell server, a system still covered by a Dell same-day onsite service contract."
Another quote from College Kid Learns Lesson About Dell's Warranty: "Maybe I've been lucky, but in 70 years I've never dealt with a worse company than Dell."
I hate trendy buzzwords.
Depends on jurisdiction. AFAIK your statement is correct for Europe but not for the US, where "enough" colloquial use can invalidate a trademark.
Back on topic:
Dell tries to hijack an already established term, while Xerox actually created a new class of product and the term was derived from that. So one can argue that Xerox deserve their trademark, while Dell is simply trying to monopolize established language and should fail.
C - the footgun of programming languages
"The notice was posted at the office, sir."
"Your âofficeâ(TM) was in a basement. I had to look all over the building just to find it."
"Thatâ(TM)s where the office is located!"
"It was dark."
"The lights were out!"
"So were the stairs."
"But still, you found the notice, sir?"
"Oh, yes. It was quite âclearlyâ(TM) posted in a locked filing cabinet in a disused lavatory with a sign on the door saying âBeware of the leopard.â(TM)"
And here I thought that only happened with patents.
As usual, Apple made pioneering efforts in the industry by trying to multi-touch out from under Jeff Han, and now Dell is trying to play catch-up.
My God, it's Full of Source!
OUTSIDE_IP=$(dig +short my.ip @outsideip.net)