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Dell Loses Bid To Trademark "Cloud Computing"

Posted by kdawson on from the answer-cloudy-try-again-later dept.

1sockchuck writes "The USPTO has issued a 'non-final determination' refusing Dell's request to trademark the term 'cloud computing' (we discussed the application earlier), finding that the term is generic and 'therefore incapable of functioning as a source-identifier for applicant's services.' According to Data Center Knowledge, 'Dell has the option of filing a response to submit arguments to dispute the USPTO examiner's findings.'" Here is the USPTO's ruling. A week and a half ago the PTO cancelled its 'notice of allowance' for the mark, a move little remarked upon at the time.

10 of 146 comments (clear)

  1. Humanity by bigtallmofo · · Score: 5, Insightful

    Does it make anyone else sad when they think that there are fellow members of our race that would patent breathing if they could and would idly watch people that couldn't afford to pay their licensing fees suffocate?

    --
    I'm a big tall mofo.
    1. Re:Humanity by Anonymous Coward · · Score: 3, Insightful

      that would patent breathing if they could

      What part of that confuses you?

    2. Re:Humanity by Renraku · · Score: 5, Insightful

      Maybe it'll come to that one day. Look at what Monsanto pulls. Trust me, if Monsanto had their way, they'd own all food production in the US. Then they'd jack the prices up 50x, since its been shown that we Americans have enough disposable income to be able to make it to work and back when gas prices rise 400% in two years.

      1. Plant a field of GM crops.

      2. Test neighbor's crops for patented GM markers.

      3. Sue neighbor when nature spreads the GM genetic markers to other fields.

      4. Profit, force neighbor to burn their crops.

      5. Buy out their field and plant a field of GM crops, watch his neighbors get nervous.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
  2. Re:too bad by something_wicked_thi · · Score: 4, Insightful

    How would you describe cloud computing in two words without using a 'worthless buzzword'?

    Distributed Computing

  3. A million duhs screaming out by EdIII · · Score: 4, Insightful

    finding that the term is generic and 'therefore incapable of functioning as a source-identifier for applicant's services

    Everyone on the streets had known that. Dell had known this from the START. The patent lawyers for Dell ALSO knew this. What is surprising is that the USPTO knew this.

    1. Re:A million duhs screaming out by hellwig · · Score: 4, Insightful

      The USPTO has a fantastic trackrecord. When Microsoft wanted to trademark their word processor with the name Word, did the USPTO let them? When Microsoft wanted to trademark their new graphical OS that dispays applications in windows (a concept created by another company) Windows, did the USPTO let them? When Microsoft wanted to trademark their suite of office applicatons as Office, did the USPTO let them?

      Okay, ignore those examples, but at least they didn't let Trump trademark You're Fired.

      But seriously, why do companies think they can trademark phrases they didn't create? Q-Tips, Kleenex, Xerox, these are creative trademarks that people easily associate with their respective products. Who the hell is gonna hear Cloud Computing and think Dell? Now, when I hear the word Dell my mind is flooded with a whole cocaphony of phrases I would rather forget (Dude, you're Getting a Dell!)

      --
      Eggs
      Milk
      Bread
      Cat Litter
      Soda
      ...
  4. Not quite so sudden by FilterMapReduce · · Score: 5, Insightful

    This article is tagged "suddenoutbreakofcommonsense", but U.S. trademark law is typically endowed with a little more common sense (a little) than copyrights and patents, the other major areas of IP law. For example, how trademarks can only be held so long as they're actually in use. Compare this to copyrights applying for the life of the author plus seventy years; as a result, abandonware sites can and often are prevented from providing software titles years after the publishers have ever tried to make them available for a profit, or at all.

    I expected that Dell would lose this ridiculous trademark bid and I'm pleased that the USPTO acted appropriately. Nonetheless, I'm sure that my fellow Slashdotters will be all too happy to expose my ignorance by providing plenty of counterexamples of trademark-related idiocy.

  5. Re:too bad by jlarocco · · Score: 5, Insightful

    "Cloud computing" is the "web 2.0" buzzword for "Internet". It's used primarily to confuse investors and venture capitalists who remember how poorly the "... on the internet" fad turned out in the late 90s.

    The other words were made up to help solidify the illusion that "cloud computing" is something new.

    --
    Maybe not
  6. Re:I can confirm this as well by KGIII · · Score: 3, Insightful

    They, the seed breeders, seem to be the worst. With GM comes the desire to protect their property as they see it. This is one of the cases where I see it failing. If the fricken wind blows a seed onto your property you're guilty? WTF?

    --
    "So long and thanks for all the fish."
  7. What They Wanted by YetAnotherBob · · Score: 2, Insightful

    I think that Dell got the ruling they wanted. This was a preemptive move. Now, they have prevented anyone else from trademarking 'cloud computing'.

    A purely defensive move.

    If only this worked with patents.

    --
    Everybody knows 3 people with my name.