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Best Buy Flexes Legal Muscles Over "Geek"

siliconbits writes "US Electronics retailer Best Buy has been slow but steady in the fight to protect its Geek Squad trademark, but some are wondering whether the 800-lb gorilla of the tech retailing sector is going too far in its war to right some wrongs. The word 'Geek' is a century-old word that used to mean 'fool' or 'crazy,' but has, since the beginning of the 1980s, been associated with fans of technology in general and computers in particular. That hasn't prevented a number of geek-themed companies from being hit by Best Buy's legal team over the last decade, including Geek Housecalls, Rent a Geek, Geek Rescue, Speak with A Geek and, not surprisingly, arch-rival Newegg."

317 comments

  1. Typical by MikeB0Lton · · Score: 5, Funny

    If you can't compete with them, sue them. It worked for SCO!

    1. Re:Typical by geoffrobinson · · Score: 2

      I'm not sure if their case is correct, but all the groups listed in the summary aren't just using "geek". They are using it in conjunction with tech support.

      "Geek Housecalls, Rent a Geek, Geek Rescue, Speak with A Geek"

      --
      Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
    2. Re:Typical by obergfellja · · Score: 1

      what happened to "Geeks Are Sexy" website?

    3. Re:Typical by Quiet_Desperation · · Score: 5, Funny

      It was ruled false advertising.

    4. Re:Typical by mikael_j · · Score: 4, Insightful

      So? "Geek" is a common term to describe, well, geeks. So to use the term "geek" as part of the name of a company or service that gives tech support to end users makes a lot of sense and I just don't see how it can be a protected term.

      --
      Greylisting is to SMTP as NAT is to IPv4
    5. Re:Typical by Anonymous Coward · · Score: 1

      This would be like the NFL suing everyone who uses the word "jock" to refer to an American football player. Its ridiculous and shouldn't be legal. You shouldn't be able to claim infringement on one word unless you invented that word.

    6. Re:Typical by mcgrew · · Score: 1

      Hey, I had a mod point left, where'd it go? You need a "funny" mod. I don't have any trouble attracting the opposite sex (but the meme is funny).

    7. Re:Typical by Anonymous Coward · · Score: 0, Insightful

      "Nerd" is the respectable term. "Nerd" implies some kind of knowledge, no matter how obscure. A nerd may be picked on, but he or she is always the master of their own domain.

      A "geek" is a moronic chump who lacks social skills and knows nothing about anything. They are kinda like retards, except that they are not technically retarded. The geek is the armpit-sniffing nose-picker who can't handle his drugs. One is said to be "geeking out" if he ditches the pipe in the bushes and goes running at the sound of a faraway ambulance siren.

      Let 'em keep the "geek."

      -- Ethanol-fueled

    8. Re:Typical by N0Man74 · · Score: 1

      Or like Microsoft trademarking the word "Windows" in reference to their windowed application operating system/environment! That would never fly, Right?

    9. Re:Typical by MobileTatsu-NJG · · Score: 2

      What the hell are you talking about? Geeks lack some social skills but compensate for knowing interesting/fun ways to use gadgets. Nerds have no social skills even when pressing their noses against computers.

      In the social ladder Geeks > Nerds. You're thinking of spazzes.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    10. Re:Typical by Mathinker · · Score: 5, Informative

      > Or like Microsoft trademarking the word "Windows" in reference to their windowed
      > application operating system/environment! That would never fly, Right?

      Actually, IIRC, they were originally granted a trademark on "Windows" and "Word", but they chose to sue the wrong people (who had mega-$$) and they lost those trademarks --- IMO, they only have a (US) trademark now on "Microsoft Windows" and "Microsoft Word", not on the bare words, no matter what the context.

      < checks WP >

      No, they only practically lost the bare word Windows --- they bailed out of the litigation before the judge could rule it was invalid.

    11. Re:Typical by gpinkham · · Score: 3, Funny

      for the record.. spazzsquad.com is available according to godaddy..

    12. Re:Typical by Anonymous Coward · · Score: 0

      Or like Apple suing everyone who uses the word "app store" to refer to an application store.

    13. Re:Typical by Drethon · · Score: 1

      No trouble...? Are you one of those mythical female geeks?

    14. Re:Typical by localman57 · · Score: 2

      What? Who is that Addy god that you worship?

    15. Re:Typical by postbigbang · · Score: 2

      No. He sells computers and *thinks* he's a geek. He wears a polo shirt with the company logo, but his headset is too tight.

      --
      ---- Teach Peace. It's Cheaper Than War.
    16. Re:Typical by Dunbal · · Score: 1

      Nah there's an easier test.

      Geeks have severe acne. Nerds don't.

      --
      Seven puppies were harmed during the making of this post.
    17. Re:Typical by speculatrix · · Score: 1

      +1

    18. Re:Typical by MobileTatsu-NJG · · Score: 1

      Geeks have severe acne. Nerds don't.

      Are you serious?

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    19. Re:Typical by Anonymous Coward · · Score: 0

      Wouldn't Best Buy winning this open them up to an even larger suit from Geeks on Call? who had been a franchise for 3 years before Geek Squad was founded?

    20. Re:Typical by obergfellja · · Score: 1

      or anyone who refers to Klenex when they mean nose tissue.

    21. Re:Typical by CFTM · · Score: 1

      Although I agree that the meme is funny, given that slashdot has a large population it is inevitable that some of us will be what society considers "attractive". But maybe our less attractive brethren think that this very trait invalidates our geek credibility.

      But then, no one wants to hear an attractive person bitch about double-standards...because most of them are positive.

    22. Re:Typical by CFTM · · Score: 1

      Perhaps if the word "jock" were used in the NFL's name some correlation between these two instances could be argued for but given the fact that the NFL does not ever refer to the players who play for it as "jocks" your comparison loses all relevance. In fact, I would wager most NFL lineman would take offense to being called "jocks". Maybe not some of the skill positions that tend to rely more on pure athleticism but there is an unsettling fact that man slashdotters don't want to accept, many players in the NFL are actually very smart. And if you want proof of that, take some time looking at premiere offensive lineman around the NFL. They often went to universities like Stanford and Harvard and recieved 4 year degrees in real programs while maintaining high GPA's. And they do all of this while being "professional" athletes. I use quotations because the NCAA designates them as amateurs while reaping the financial windfall that is college sports while creating a system that requires these young men and women to devote incredible amounts of time to their selected sport and providing very little means to support themselves in college. And folks wonder why kids at Ohio State were selling memorabilia and signatures...but that's a completely different soapbox :)

    23. Re:Typical by realityimpaired · · Score: 1

      There's a difference between popular vernacular, and a competitor using the trademarked name. Kimberly-Clark owns the trademark on the name Kleenex, and you can bet that if Johnson & Johnson started marketing their facial tissues using the name Kleenex, they'd be facing a lawsuit.

      Like any sane company, I imagine that Kimberly-Clark sees the fact that everybody calls it a Kleenex as free advertising.

    24. Re:Typical by arth1 · · Score: 1

      A geek is a simpleton who typically works at a freak show, biting heads of small animals.
      A nerd is a drawl on "nut"; a crazy person.

      Crazy people can be smart, stupid people can't.

      No nerd likes being called a geek. The geek, on the other hand, doesn't understand the difference.

    25. Re:Typical by Anonymous Coward · · Score: 0

      I dunno you know saying App instead of Application kinda falls into the one as well similar to Exec for an Executable better go trademark that now before one of these lame ass corporations do it.

    26. Re:Typical by skids · · Score: 1

      I would wager most NFL lineman would take offense to being called "jocks"

      OK, how would they feel about "Sports Geek"?

    27. Re:Typical by lgw · · Score: 2

      Authoritative nerd-geek-dork Venn Diagram.

      Even more authoritative nerd-geek-dork Venn Diagram.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    28. Re:Typical by arth1 · · Score: 1

      A berk with a hobby is a nerd.
      A nerd with skills is a geek.
      A geek with a job is an engineer.

      This progression is wrong on so many levels.

      A berk is a c*nt; a contemptible person. Many jocks are berks.
      A geek is a simple-minded person who focuses on a single thing (like biting heads of chickens, or collecting stamps, or racking up points in minesweeper).
      A nerd is a crazy person, usually both crazy and smart.
      An engineer runs trains or has a certain level of education.

      A nerd can become an engineer, but a geek can't.

    29. Re:Typical by Anonymous Coward · · Score: 0

      Like mikael_i said, it's a common part of today's vocabulary to describe someone who is good with technology. It just seems like it stretches any copyright they might have a little too far. It's just too mainstream a term that fits the entire industry too well.

    30. Re:Typical by geoffrobinson · · Score: 1

      That sounds reasonable. I think they are just trying to protect their trademark. If you don't try to defend your trademark, you lose rights to it.

      --
      Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
    31. Re:Typical by russotto · · Score: 2

      Hey, I had a mod point left, where'd it go? You need a "funny" mod. I don't have any trouble attracting the opposite sex (but the meme is funny).

      Going to the red-light district with cash in your pocket doesn't count.

    32. Re:Typical by Anonymous Coward · · Score: 0

      You don't get "points" in minesweeper. You complete the game as quickly as possible, or you lose. The faster you complete the game, the better your score is. Your score is the number of seconds it took, not the number of "points" you got.

      But hey - what do I know... I am apparently a simple-minded person who can't become an engineer, according to you, although I did attain the certain level of education that was required.

    33. Re:Typical by Jesus_666 · · Score: 1

      In the end the only authoritative difference between "geek" and "nerd" is a Levenshtein distance of 3. Everything else is in dispute.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    34. Re:Typical by Anonymous Coward · · Score: 0

      That's like patenting the number 4 if used in multiplication on the right side.

    35. Re:Typical by N0Man74 · · Score: 1

      I was just a statement in jest aimed at the many comments that seemed to think that only words that were coined by a company can be used as a trademark, when clearly there are many cases of trademarked names that were derived from old names or words.

      I'm not trying to defend the side of BestBuy. Personally, I personally think that Geek Squad is perfectly valid, but I do agree it's silly to universally own the term "Geek." That said, I've seen some pretty ludicrous rulings in regards when it comes to name ownership.

    36. Re:Typical by sorak · · Score: 1

      So? "Geek" is a common term to describe, well, geeks. So to use the term "geek" as part of the name of a company or service that gives tech support to end users makes a lot of sense and I just don't see how it can be a protected term.

      This is like "Cracker Barrel" suing any restaurant that uses the phrase "country" in relation to how they cook things. It seems too generic.

    37. Re:Typical by sorak · · Score: 1

      when do we get to the part where we debate the difference between "dipshits" and "douche nozzles"?

    38. Re:Typical by mcgrew · · Score: 1

      You're incorrect. The term "Nerd" was coined by Dr. Suess in the 1950 children's story "If I Ran The Zoo". "And then, just to show them, I'll sail to Ka-Troo/And Bring Back an It-Kutch a Preep and a Proo/A Nerkle a Nerd and a Seersucker, too!"

      Please note that my slashdot user name has nothing to do with the book, except coincidentally; my last name really is McGrew.

      And geeks were freaks who ate live animals; it was a craze in the 1920s to swallow live goldfish, and these wierdos were known as "geeks".

    39. Re:Typical by mcgrew · · Score: 1

      However, both Thermos and Xerox had to fight for their trademarks because they were becoming common words for "vacuum bottle" and "photocopier" against other companies making competing products. Apple Computers was sued by the Beatles' Apple Records, and settled out of court. The settlement stipulated that Apple couldn't get in the music business, and was sued again when they launched iTunes, and again settled out of court.

    40. Re:Typical by jonadab · · Score: 1

      Thing is, Best Buy doesn't even *try* to compete with some of those companies. Newegg is a perfect example: Best Buy doesn't even offer for sale the kinds of computer components that are Newegg's bread and butter. When was the last time you walked into Newegg and asked which aisle the motherboards are in? Yeah, right. It's a completely different market. Best Buy uses a "Geek Squad" as part of their marketing, but they're not selling to computer geeks. They're selling to end users. Newegg isn't even interested in trying to compete in that market. They sell to people who laugh at the ineptitude of Best Buy's Geek Squad. Newegg and Best Buy aren't competitors any more than McDonald's and Pampered Chef are competitors.

      The only reason they'd sue Newegg is if they feel they have to document a history of defending their trademark, to guard against possible future "genericized mark" arguments from other parties. I consider this promotion of otherwise-unnecessary litigation as a form of mark maintenance to be the worst feature of extant trademark law.

      --
      Cut that out, or I will ship you to Norilsk in a box.
    41. Re:Typical by reboot246 · · Score: 2

      "They sell to people who laugh at the ineptitude of Best Buy's Geek Squad."

      Truer words were never spoken . . . I mean uhh . . . written.

      The only time you'll catch me in a Best Buy is if I have to have something right now, and I mean this very day. Newegg can get items to me in a couple of days, so usually Best Buy (if they even carry the item!) is left out in the cold.

      Oh, and I'd never let anybody from the Geek Squad touch a computer of mine.

    42. Re:Typical by Alex+Belits · · Score: 1

      Stop repeating that. Companies don't have obligations to "defend their trademarks" against anyone unless there is an actual infringement is obviously taking place. A trademark is not in any danger of being losing its meaning unless the trademark, as it is registered, no longer can be used to identify its owner -- and that won't happen even if it is infringed upon in some roundabout manner.

      Best Buy called their service "Geek Squad", this did not magically endowed them with any control over words "Geek", "Squad" or their relationship to technical support. If anything, no one outside Best Buy in his right mind would want to be mis-identified as Best Buy employee, or to make customers think that Best Buy employees perform their technical support.

      --
      Contrary to the popular belief, there indeed is no God.
    43. Re:Typical by japhmi · · Score: 1

      When was the last time you walked into Newegg and asked which aisle the motherboards are in?

      Well, seeing that Newegg is an online-only store, that'd be rather difficult.

      --
      "Giving money and power to government is like giving whiskey and car keys to teenage boys" P. J. O'Rourke
    44. Re:Typical by Anonymous Coward · · Score: 0

      ... some of us will be what society considers "attractive".

      Sure, sure... some of "us" will be.

    45. Re:Typical by arth1 · · Score: 1

      The term "Nerd" was coined by Dr. Suess in the 1950 children's story "If I Ran The Zoo" [wikipedia.org].

      Take it up with Mr. Harper.

      Dr. Seuss (note spelling) didn't use it with the meaning we assign to the word, but the previous spelling of "nert" corresponds with what we think of as a nerd.

    46. Re:Typical by wordsnyc · · Score: 1

      Actually, they have a legal duty to "defend" their mark, so if an author uses "kleenex" in a story where the tissue is not demonstrably Kleenex, the publisher will get a stern letter from K-C's legal dept.

      --
      Sent from the iPad I found in your car.
    47. Re:Typical by Anonymous Coward · · Score: 0

      See, you've got 'em mixed up. Geek >> nerd. Nerds are useless things. Geeks are multifaceted individuals, usually only lacking in personal hygeine and interpersonal skills.

    48. Re:Typical by sjames · · Score: 1

      Plumber Housecalls, Rent a Plumber, Plumber Rescue, Speak with a Plumber.

      Geek entered the popular lexicon as someone good with technical things well before Best Buy started using the term. Like my counter examples, the only thing the others have in common is the use of a commonly used word for a professional in the relevant field.

    49. Re:Typical by BillX · · Score: 1

      Isn't that a bit like saying "they didn't just call themselves prostitutes, but used the term in conjunction with sex"?

      --
      Caveat Emptor is not a business model.
    50. Re:Typical by Meski · · Score: 1

      If you can't compete with them, sue them. It worked for SCO!

      I'm thinking that was irony.
      Wonder if it's going to work for Oracle, this century??

    51. Re:Typical by mcgrew · · Score: 1

      No, although they do exist. A nerd can learn anything, even how to attract the ladies if he wants to badly enough.

    52. Re:Typical by mcgrew · · Score: 1

      Heh, the cheapest sex I ever had cost a draft beer. The most expensive cost a house, a car, and part of my pension.

      However, as I said to someone else, a nerd can learn anything he sets his mind to. Of course, if you're real fat or real skinny (like I used to be) it's a lot harder. I was way too thin until I was on Paxil for a couple of years, the Paxil made me gain 40 pounds. It's actually easier to pick up a drunk chick in a bar than it is to find a hooker who won't steal from you.

      You might be entertained by this encounter with a crackwhore. I stopped seeing hookers a few years ago, picking up horney women in bars is safer and easier.

    53. Re:Typical by Drethon · · Score: 1

      Hey, stop bringing reality into my perfectly subjective view of geeks and nerds!

    54. Re:Typical by mcgrew · · Score: 1

      I don't sell computers, but I build them out of junk parts and give them away. Giving a chick an old but useable computer is a good way to get laid. Read Asimov's Second Foundation; he knew (and Asimov was a nerd's nerd, he held a PhD in biochemistry, and taught and did cancer research at Boston University).

      I'm a nerd. My first computer was a slide rule. I hacked ten dollars transistor radios into guitar fuzzboxes (they were woth $200 back then) using a dollar's worth of parts and a soldering iron (1966).

      I wrote a battle tanks game for a TS-1000 (1 mHz chip, 4k memory) in Z-80 assembly, which I had to assemble the machine code by hand since there were no assemblers for it (1982).

      I took a Radio Shack MC-10 and software-hacked it to increase its screen resolution from 40x40 to 640x480 (this was in 1983) and wrote a drawing program for it, that would print out the pictures on its cheap plotter.

      I had the world's fastest IBM XT in 1990 -- I'd upgraded it so much that the only original parts were the case and power supply.

      Don't try to outnerd me, three eyes, I build wierder things than you out of breakfast cereal!

    55. Re:Typical by postbigbang · · Score: 1

      Yeah yeah. This isn't a match.

      Can you read ASR-33 binary ASCII on punched paper?

      My first computer was a coffee can with adhesive tape, paperclips, and a battery. You rotated the can on its axis to run the program. I learned truth tables in 1963 at age nine.

      We had parallel track lives in 8080 and Z80 machine code. I did 6502 and other Signetics chips. Wrote UART/USART code that was resold a jillion++ times. Not a big whoop.

      The big whoop: raising two kids and four stepkids. Watching 4/6 graduate from college. Two to go.

      I'm not impressed-- even by citing IA's five-book trilogy. Snort.

      --
      ---- Teach Peace. It's Cheaper Than War.
    56. Re:Typical by mcgrew · · Score: 1

      The big whoop: raising two kids and four stepkids

      OK, I concede, you win -- I only raised two kids. Lots harder than programming or hardware hacking!

    57. Re:Typical by Mathinker · · Score: 1

      Sorry, my jest detector must have failed. Probably because your comment was right-on: even if the trademark on a bare "Windows" is bogus, 99.9% of the world aren't going to take MS to court to prove it, because they know they don't have enough money to make even the initial "ante" for a good enough lawyer.

      > pretty ludicrous rulings

      Yup... not only with trademark, eh? Sometimes I get the feeling that with the gavel, judges get issued a d20 and a special secret rule-book when to use it.

  2. Frankly... by fuzzyfuzzyfungus · · Score: 5, Insightful

    I'd say that the world's questionably-socially-adept technology enthusiasts have a much better defamation case against Best Buy's appropriation of the term for their "Geek Squad"...

    1. Re:Frankly... by nospam007 · · Score: 2

      The Nerd-Herd?

    2. Re:Frankly... by Whalou · · Score: 2

      questionably-socially-adept technology enthusiasts

      I've never been to Best Buy but from what I understand the "Geek Squad" appears to be filled with questionably-technology-adept social enthusiasts. And even then, the social part is possibly a stretch.

      --
      English is not this .sig mother tongue...
    3. Re:Frankly... by nomadic · · Score: 4, Interesting

      At least they don't call it "the Genius Bar." Biggest. Misnomer. Ever.

    4. Re:Frankly... by hedwards · · Score: 2

      Geek Squad was from what I understand actually fairly helpful prior to being taken over by BestBuy. These days though, they're more known for stealing porn from consumers and general ineptitude. 9 Confessions Of A Former Geek Squad Geek

    5. Re:Frankly... by obergfellja · · Score: 1, Flamebait

      on that note... NerdCore hip hop?

    6. Re:Frankly... by Quiet_Desperation · · Score: 1, Flamebait

      At least genius is complementary. Some of us still consider geek and nerd to be insulting regardless of the context.

    7. Re:Frankly... by obergfellja · · Score: 1

      when I applied for best buy, the manager flat out told me that I (2 years into my bs degree in Computer Science at the time of interview) was too smart for the majority of the store but too dumb for Geek Squad. I looked at him and wondered, WTF are the requirements to be employed here if a techie in college is too smart yet too dumb at the same time?

    8. Re:Frankly... by Anonymous Coward · · Score: 0

      Actually I suspect the Minneapolis outfit that Best Buy bought came up with "Geek Squad" years before the word "geek" had any sort of hip connotations. Until relatively recently (last 8-10 years maybe), "geek" had similar connotations as "nerd", except it was even more pejorative - some people would admit to being nerds, but "geek" was strictly a put-down term.

      I remember reading a funny article in Fortune magazine about ten years ago about a "Geek Squad" delivering and installing a custom home entertainment setup to somebody as a publicity vehicle. It was probably these Minneapolis guys, but I can't find it on google.

    9. Re:Frankly... by Runaway1956 · · Score: 3, Informative

      Based on anecdotal evidence found on the web - that is no longer true. It seems that the "geeks" have been put out to pasture, and Best Buy has hired "sales" people to replace them. Today, calling the "Geek Squad" means some sales oriented person comes to your house, runs some automated software to clean up viral infestations, and to find obvious hardware and software problems. Based on what he finds, that sales person then offers all sorts of (possibly un-) necessary hardware, software, and/or services. Geek Squad members are graded on the sales they make, rather than the computers they fix.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    10. Re:Frankly... by Anonymous Coward · · Score: 0

      GNU-Nerd-Hurd. Get it right!

    11. Re:Frankly... by Anonymous Coward · · Score: 0

      Get over it.

    12. Re:Frankly... by Quiet_Desperation · · Score: 0, Flamebait

      How the hell is this post flamebait? You want flamebait? You mods are complete shitheads. There. Better? Shitheads.

    13. Re:Frankly... by robot256 · · Score: 1

      It may be complementary, but do you still have to pay them?

    14. Re:Frankly... by Anonymous Coward · · Score: 0

      This is half true. At least in our area the guys that go into the field are very good at solving issues. In store, not so much. There's a few of us that know a bit and have gotten our certifications and then some. The rest were hired with sales in mind. There's also no way in Hell you'll be a supervisor or move up in Geek Squad without understanding numbers and hard core pushing sales. It's getting to the point where a lot of internal people are pretty bleh about it.

    15. Re:Frankly... by phoenixwade · · Score: 1

      You made two mistakes - first - you dissed "geek", Second you implied a complement, however left-handed, to Apple Computer those two, regardless of truth, will not go unpunished in this "unbiased" forum....

      --
      A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.
    16. Re:Frankly... by MobileTatsu-NJG · · Score: 1

      Some of us still consider geek and nerd to be insulting regardless of the context.

      Oh boo hoo. Geek isn't an insult anymore and PC means Windows. Welcome to life after the year 2000.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    17. Re:Frankly... by Anonymous Coward · · Score: 0

      The word you two are looking for is "compliment".

    18. Re:Frankly... by SomePgmr · · Score: 1

      I have to say, if I'm calling around to various retail locations looking for anything less common and vague than "i need more GB's", "more rams sticks" or an iphone... I don't mind calling bestbuy and hitting the number for their geek squad employees. They usually understand what I'm asking for... even if BB doesn't have it or charges 900% of msrp.

    19. Re:Frankly... by Anonymous Coward · · Score: 1

      Check the Geek Squad about page

      Geek Squad Chief Inspector Robert Stephens founded Geek Squad with $200 and a bicycle in Minneapolis in 1994. Today, Geek Squad is the preeminent local tech support service.

      In 2002, Geek Squad entered into joint operation with Best Buy and expanded nationally in 2004 - providing consumers nationwide with a unified, fully owned task force to help them manage their growing dependence on technology.

    20. Re:Frankly... by Dunbal · · Score: 1

      lol u mad? Actually your original post should have been modded troll, not flamebait. Feel better?

      --
      Seven puppies were harmed during the making of this post.
    21. Re:Frankly... by Anonymous Coward · · Score: 0

      Sorry, that's a trademark (well, at least it is without the hyphen). Of a grocery store chain, actually. I'm surprised it wasn't NBC.

    22. Re:Frankly... by Scragglykat · · Score: 5, Informative

      That's because the true purpose of a Geek Squad employee is not to fix your technology, but to sell you NEW technology in its place. They are more a squad of technology salesmen (and women I assume) than tech support staff. I've had to tell someone who unwisely chose the Geek Squad to be their technology benefactor, that although GS told them their computer was consumed with malware and thus, the entire system would not start (see also, would not even post), and that the fix would be $50 less than the new system they could sell them which would then be ready to go right now, vs. a week or more later, that the new system they purchased from Best Buy on the "Geek's" recommendation was a waste of money. A quick flick of the power switch on the old machine alerted me to the fact that it did not even attempt to post and that the power light was flickering in a pattern. Quick Google search for power light error codes and what do I find? PSU is bad. $20 later, the machine is booted, I'm scanning away on the drive and finding absolutely nothing. Morale of the story is, they are salesmen and nothing more. They MAY be able to help you with something, but most of the time that help is going to lead to some additional sale.

    23. Re:Frankly... by Scragglykat · · Score: 1

      You might have had a better chance had you previously been a car salesman ;o)

    24. Re:Frankly... by obergfellja · · Score: 1

      or have no knowledge of computers or technology at all which hints the NewEgg commercial.

    25. Re:Frankly... by kevinmenzel · · Score: 1

      If you're too educated on technology, they're worried you'll be a bad sales person because you're likely to have a bad attatch rate. You might be able to direct a customer to the laptop that meets their needs, but when it only has a VGA port, you're not likely to atttach a $300 HDMI cable to the purchase. The more ignorant you are about what they sell, the better your attach rates are going to be as a sales person, because you're more likely to attatch the shiney rather than the applicable. And many Best Buy managers treat their sales staff like staff that work on commission, even though they make an hourly wage. I had a manager once tell a room of applicants of which I was one, that they might have interests, and knowledge, and personality, but the value to the company was how much money they could bring in. Not everyone in the company is like that, but the culture certainly exists in some places.

      I only ever shop at Best Buy for two groups of items. 1) DVDs/BluRays/New Video Games - they don't make any profit on those items. A lot of the time when they are on sale, those items are actually loss leaders to get you in the store.

      And 2) Any item I need and KNOW is a loss leader, or I can convert into a loss leader by attatching a service plan to lower the original price. Managers will make that deal often, they'll lower the price of the main object so you can affoard a service plan. And then... you can (or at least could in the past, I can't guarentee it now) - with the occasional hassle, return the service plan (or whatever else attatch you had to buy to get the manager to lower the price on that TV or soundsystem or computer) and not the item, and get your money back. You can't do it too often, and it's a strategy best used cycling around a variety of stores, but it's a great way to save money if you have the extra cash or credit floating around for a couple of days.

      So pretty much every purchase I've made at Best Buy (and Future Shop - I live in Canada), over the past 2-3 years... since I had that experience in the hiring process and then was treated like crap in my trial week (and then got fired before they gave me my blue vest when I called in 2 hours before my shift, I couldn't make it that day because a relative was in the hospital and I needed to visit them, at which point they told me "If you want to keep working here, you have a decision to make, which is more important, your family or your job" - so - yeah - crazy insane crap) - has lost the company money. The sales people still get paid, the managers still get paid, but the store loses money, and nobody gets bonuses from attatching crap I don't need to stuff I do.

    26. Re:Frankly... by dAzED1 · · Score: 1
      depends on the circles you run in. In my circles, geek is still an insult (because it has the implication that one is socially inept) and generic terms for a workstation don't imply Windows. I also don't hear people really say "PC" anyway, though - generally they'll say laptop, desktop, workstation, or just - as a catch-all - "computer."

      But you're free to hate, I guess

    27. Re:Frankly... by Anonymous Coward · · Score: 0

      In my circles, geek is still an insult (because it has the implication that one is socially inept)

      Ignorance isn't a 'circle'.

      But you're free to hate, I guess

      Stop being gay. I don't mean homosexual, I mean I wish you unhappiness because I 'hate'. See how not being up on terminology is needlessly confusing?

    28. Re:Frankly... by obergfellja · · Score: 1

      Later that year I went in to check out laptops (to window shop and gather information), a guy who actually got the job that I was denied, he tried to upsell me from a 400 pc that i was looking at (which I didn't have much to spend, probably more closer to 600 or 700 max on my budget), the guy tried to sell me a 1100 usd pc which had all the bells and whistles anyone could ever want or need. and than proceeded to tell me that "His friend, who is a complete computer wiz said that laptops are completely spring loaded and would explode at you if you open it up (ram or hard drive or anything like that). I looked at him and thought of the Simpsons "Homer's spring loaded First Aid Kit". He quickly lost my sale because the concept was a load of crap but had some basis to it. yes, there are some spring loaded but it would not explode at you if you open it up and know what you are doing. Even though this went against my nature, I decided to get a Dell laptop instead of buying from Best Buy due to the lack of compentancy (sp?) of that one sales clerk. Now, the only reason I will buy from best buy is if I want the product now (dvd's and blu ray dvds, cd's, video games) where I don't have to talk to employees. Than go to Fry's (Sams Club like store to Best Buy's walmart like store) for certain things that are cheaper and easier to find there. (RAM, HDD, Enclosures, etc). The staff at Frys are more friendly and typically are easier to talk to.

    29. Re:Frankly... by SomePgmr · · Score: 1

      Oh I don't doubt that at all. My understanding is that they're under constant pressure to sell product and services... which is going to result in situations like you just described.

      And so, no, I'd never tell my family or friends to "just call geek squad" when something goes sideways. All I meant to say was, I think they're usually pretty capable people, and generally decent (despite the horror stories). They just have a crappy job. ;)

    30. Re:Frankly... by Quiet_Desperation · · Score: 1

      Yes.

      Sorry, I never bought into the idea of embracing the word geek.

    31. Re:Frankly... by Quiet_Desperation · · Score: 1

      The word "geek" *is* a diss regardless of whether people in this community want to recognize that or not.

    32. Re:Frankly... by Quiet_Desperation · · Score: 1

      Yeah, have fun in your little echo chamber.

    33. Re:Frankly... by Quiet_Desperation · · Score: 1

      Yeah, I think there's like, labor laws or something covering that.

    34. Re:Frankly... by Anonymous Coward · · Score: 0

      From Dictionary.com:

      complementary (kmplmntr, -tr) — adj
      1. acting as or forming a complement; completing
      2. forming a satisfactory or balanced whole
      3. forming a mathematical complement: sine and cosine are complementary functions
      4. maths, logic (of a pair of sets, etc) mutually exclusive and exhaustive, each being the complement of the other
      5. (of genes) producing an effect in association with other genes
      6. involving or using the treatments and techniques of complementary medicine

      complimentary[kom-pluh-men-tuh-ree, -tree] adjective, noun, plural -ries –adjective
      1. of the nature of, conveying, or expressing a compliment, often one that is politely flattering: a complimentary remark.
      2. given free as a gift or courtesy: a complimentary ticket.
      –noun
      3. something given or supplied without charge, as lodging, transportation, or meals, especially as an inducement to prospective customers.

    35. Re:Frankly... by Anonymous Coward · · Score: 0

      And here I thought PC stood for Personal Computer. When did PC officially become Windows and what exactly is "Windows"? I'm guessing you mean "Microsoft Windows", but you might be referring to any other graphical operating system too.

      Mij

    36. Re:Frankly... by robot256 · · Score: 1

      I know Apple pays them, but wondered if the "genius bar" was like free for Apple customers as a complementary service, con-man style service gouging like BB, or somewhere in between.

    37. Re:Frankly... by Anonymous Coward · · Score: 0

      Stop. Using. Sentence. Fragments.

    38. Re:Frankly... by Xtifr · · Score: 1

      Was! It was a diss. And it can still be used that way, but if it were merely a diss, Best Buy wouldn't be trying to stake a claim to it!

    39. Re:Frankly... by Chris+Mattern · · Score: 1

      At least they don't call it "the Genius Bar." Biggest. Misnomer. Ever.

      What do you mean? Don't you always get support that's as helpful as a genius who's had five shots of Jagermeister?

    40. Re:Frankly... by asylumx · · Score: 1

      "ZOMG, people who work at a retail store are trying to sell you something!" Really, what did you expect?

    41. Re:Frankly... by Manos_Of_Fate · · Score: 1

      How the hell is this post flamebait? You want flamebait? You mods are complete shitheads. There. Better? Shitheads.

      (Score:2, Insightful)

      I love you, Slashdot. Don't ever change.

      --
      Isn't enough that I ruined a pony, making a gift for you?
    42. Re:Frankly... by Manos_Of_Fate · · Score: 1

      The issue here isn't that they were trying to make a sale, it was that they used deception to do so.

      --
      Isn't enough that I ruined a pony, making a gift for you?
    43. Re:Frankly... by Golddess · · Score: 1

      Is it? If I don't consider it a diss, have you really dissed me by calling me a "geek"? Why?

      A long time ago in grade school, someone walked up to me and called me a "gay faggot". Y'know what I did? I asked the dude why he was calling me a happy bundle of sticks. Dude then walked off confused and perhaps a little upset that his attempt to hurt me backfired.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    44. Re:Frankly... by Quiet_Desperation · · Score: 1

      I know. Seriously.

      Slashdot. Less geek. More shitheads.

      (OK, let's see if this gets +5)

    45. Re:Frankly... by asylumx · · Score: 1

      The issue is that a salesman did something deceptive? Have you ever bought a car? A house? Voted?

    46. Re:Frankly... by asylumx · · Score: 1

      And if you wonder why I defend them, it's because I know exactly the shitty situation that $10/hr employee is in. I was there. He's got the sales manager (yes, SALES) breathing down his neck about whether he'll hit his numbers for the day or not. He's got some jackass customer who jammed god-knows-what in their CD rom and thinks you should be responsible for replacing their computer as a result. He's got his classes which he has homework due for, and hasn't even cracked the book yet because he's been working. On top of all of that, he's got a store policy that tells him he's got to charge $60 just to LOOK at your computer even though he can obviously see that one of the fans is not spinning and can pretty safely assume that your graphics card has overheated. On top of all of that, he watches another guy cart his dusty, grimy computer in the door and he knows in the back of his head that the guy pushing the cart already hates him, even though they haven't met.

      On top of all of that, the home office salesman who sucks at HIS job wants him to "close the sale" on a service plan that the geek squad guy, deep down, doesn't even believe in.

      That situation is a lot harder to be in than you think. It's a very stressful job, far more stressful than $10/hr warrants.

    47. Re:Frankly... by mcgrew · · Score: 1

      But! I'm! Captain! Kirk!!!

    48. Re:Frankly... by mcgrew · · Score: 1

      Dude, it tales at LEAST that much alcohol for a real nerd to get down to normal folks' IQ!

    49. Re:Frankly... by mcgrew · · Score: 1

      If you consider "geek" and "nerd" to be insulting, you're on the wrong site.

    50. Re:Frankly... by kevinmenzel · · Score: 1

      I'm actually surprised he didn't just go along with the laptop but try to attatch a whole bunch of crap. Like charging $100 to install free av and anti-malware. My managers for the week I was working would get really angry if we went to the back to get a laptop for a customer if we hadn't managed to upsell on something. To the point where they essentially told us it was better to lose the sale entirely if they didn't attach. So ridiculous.

    51. Re:Frankly... by MakinBacon · · Score: 1

      The issue is that a salesman did something deceptive? Have you ever bought a car? A house? Voted?

      Have I ever bought a new car from my mechanic because he told me my current model is totaled?

    52. Re:Frankly... by Anonymous Coward · · Score: 0

      The issue is that a salesman did something deceptive? Have you ever bought a car? A house? Voted?

      "But everybody else is doing it, mommy!"

    53. Re:Frankly... by AK+Marc · · Score: 1

      What kind of deception is needed to sell a car? People don't walk onto a lot unless they want a car. Someone lie to you selling a house? Sue them. It's simple and easy if you can prove a lie, and worth at least twice the price you paid (get your money back and keep the house), depending on the lie.

    54. Re:Frankly... by hedwards · · Score: 1

      Bullshit. First off whether or not he's doing his homework on time is hardly a reasonable excuse, school and work might conflict in which case you've got to make a decision. That's hardly the fault of BestBuy provided they aren't mandating overtime on a regular basis.

      Some shops provide a free estimate and some don't, it's hardly the sort of injustice you're trying to suggest it is. Shops that have a policy like that disclose it up front, and if the prospective client doesn't like it, they do have other shops.

    55. Re:Frankly... by dAzED1 · · Score: 1

      you have social circles, I have social circles. That they are different doesn't make me "ignorant." What does make you "gay" though is posting AC when we all know who you are.

    56. Re:Frankly... by Anonymous Coward · · Score: 0

      Why should Best Buy's Geek Squad be any different than the rest of the store.

      I know a person who, after attending the Sales Training Course for Best Buy, quit her job because she could not square her morals with their sales tactics. Bait and Switch is one of their primary tools for getting people in the store. The cheap "whatever" in their add met the minimum requirement of there being one in each store the day the sale started but that one was most likely sold to an employee 5 minutes after the store opened. After that, push 'em hard and push 'em high. And that was only the beginning.

    57. Re:Frankly... by Eponymous+Hero · · Score: 0

      points that you missed:

      1. genius is not complementary. it is a sarcastic term bestowed on the morons apple hires precisely because they are too dumb to catch the irony. the rest of us get to laugh at the inside joke.

      2. anyone who still considers geek or nerd to be insulting is also so stupid that they think they are actually amazingly smart despite not having a clue how to reproduce (i.e. talk to women), or contribute to a casual conversation without it turning into some arcane debate. the only cure is, like the anonymous coward says, to get over it.

      3. you are participating on a site that claims to be news for nerds.

      4. most of us know this already, and have no pity for the rest who have sore sphincters over the word geek or nerd. thus, you must be picking a pointless fight with somebody dumber than you, if that is possible. luckily you caught a troll!

      --
      insensitive clod overlords obligatory xkcd car analogy russian reversals whoosh pedant fanbois ftfy in 3...2...1..PROFIT
    58. Re:Frankly... by Quiet_Desperation · · Score: 1

      *snore* Did you shake your little fist at the screen when typing that? Don't think I'm the one here who needs to get over anything, sweetheart.

    59. Re:Frankly... by LordLucless · · Score: 1

      The issue is that they're pushing salesmen on people disguised as tech support.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  3. Use in Commerce by Theaetetus · · Score: 4, Informative
    Before this thread goes off the rails about Best Buy trying to censor free speech, under US law (the Lanham Act), trademark rights apply only to uses in commerce. So you can be a geek, call people geeks, this article can discuss geeks, that's all fine. However, when you start a "Squad o'Geeks" computer repair service, only then are you going to run into a potential problem.

    Note: this doesn't mean it's a slam dunk for Best Buy... Newegg's defense is that "geek" is a generic term, and it could well be. The point is just that trademarks only apply to commercial speech.

    1. Re:Use in Commerce by Anonymous Coward · · Score: 0

      rubish

    2. Re:Use in Commerce by Anonymous Coward · · Score: 0

      but only the fully qualified name - ie Geek Squad is trademarked. Geek in and of itself, even in use by other technical specialists is not infringement.
      Chances are if anyone confuses Speak with a Geek with Geek Squad, it's only going to improve their already shaky, shady reputation.

      Most of the Geek Squad members will only recommend - wipe, reinstall, without trying to recover any data. (aside from them scanning for any porn or blackmail worthy photos or documents).

    3. Re:Use in Commerce by fuzzyfuzzyfungus · · Score: 2

      And only to deceptive use. Walk into a pharmacy or grocery store or something, pick up the nearest store-brand OTC medication or toothpaste or whatever and it will say "Compare to $COMPANY(r) $PRODUCT(r) active ingredients*"

      "*This product is not manufactured or distributed by $COMPANY owner of the registered trademark $PRODUCT(r)."

      If they can establish that the competing service is using a name(or name/branding/color scheme/etc. of which the Geek Squad has a fairly well-developed, if hideous, flavor) calculated to deceive the customer, the competing service is in for a world of hurt. If, on the other hand, "geeks" are a generic category of technical service providers, "Rent A Geek" and "Geek Squad" sound pretty much nothing alike. If an orange and black car containing a "Squad o'Geeks" wearing goofy uniforms pulls up, though, game over...

    4. Re:Use in Commerce by Theaetetus · · Score: 2

      but only the fully qualified name - ie Geek Squad is trademarked. Geek in and of itself, even in use by other technical specialists is not infringement.

      Not necessarily, if Best Buy can show they have rights in the family mark - see the McDonalds v. McSleep and McDental cases.

      Chances are if anyone confuses Speak with a Geek with Geek Squad, it's only going to improve their already shaky, shady reputation.

      Possibly, but that doesn't matter... Trademarks are about consistent reputations, not stellar ones. McDonald's has craptastic food, but it's consistently craptastic. That's why it's got one of the strongest trademarks in the world.

    5. Re:Use in Commerce by Anonymous Coward · · Score: 0

      It's clear that commercial speech is of higher economic importance to all other pursuits, so sociocultural development of language should take the back seat to trademark law if it tries to cross over into the commercial arena. So you can have a cultural identity, that's all fine, just except it to be owned by a marketing department when dollars get involved. As you say, it's not censorship, it's only a commercial interest demanding subservience, totally different.

    6. Re:Use in Commerce by Hatta · · Score: 0

      "Squad" and "Geek" are both ordinary English words being used in their ordinary sense. If that's a valid trademark, then there's something terribly wrong with US trademark law.

      --
      Give me Classic Slashdot or give me death!
    7. Re:Use in Commerce by Theaetetus · · Score: 3, Informative

      If they can establish that the competing service is using a name(or name/branding/color scheme/etc. of which the Geek Squad has a fairly well-developed, if hideous, flavor) calculated to deceive the customer, the competing service is in for a world of hurt. If, on the other hand, "geeks" are a generic category of technical service providers, "Rent A Geek" and "Geek Squad" sound pretty much nothing alike. If an orange and black car containing a "Squad o'Geeks" wearing goofy uniforms pulls up, though, game over...

      Well, there's part of the problem... Newegg put up a television add with a big electronics store and a guy in a blue polo shirt fixing computers, and they use black and orange colors in the logo.

      Also, the fact that "Rent a Geek" and "Geek Squad" sound nothing alike isn't that relevant... You don't have to directly confuse the two marks - rather, the test for infringement is whether a reasonable person would think that "Rent a Geek" refers to or associated with Best Buy's service.

      And finally, remember that the "reasonable person" is one in the market. No Slashdot person would confuse Best Buy and Newegg, or Geek Squad and Rent a Geek... but we also wouldn't be caught dead using those services. Your 80 year old grandmother who wants the emails and the 3Gs to send an internets to her grandkid is the relevant market, and you can bet she's going to be confused between Geek On and Geek Squad, particularly if they're both in blue polos with orange and black logos.

    8. Re:Use in Commerce by Dog-Cow · · Score: 2

      The only thing horribly wrong is your understanding.

      Trademarks do not need to contain or be made up of made-up words.

    9. Re:Use in Commerce by RivenAleem · · Score: 1

      Apple is also a generic term, being the name of a fruit. How about I try to set up a computer company using it? I could use some new innovative core design and call my company Apple-core.

      My tagline can be: Growing Innovation Depends on your Core

    10. Re:Use in Commerce by GrantRobertson · · Score: 1

      And the term "Geek" had been used in commerce, in the same industry, for years if not decades before Worst Buy stole the term and started their Geek Squad. They can trademark "Geek Squad" but they have no claim to other combinations including the generic term "geek." Although I wouldn't mind if they claimed sole rights to the term "moronic" as in "Moronic Techs" or "Moronic service" which is actually what you get when you go the that place.

    11. Re:Use in Commerce by Unkyjar · · Score: 1

      rubbish

    12. Re:Use in Commerce by gstoddart · · Score: 1

      Before this thread goes off the rails about Best Buy trying to censor free speech, under US law (the Lanham Act), trademark rights apply only to uses in commerce. So you can be a geek, call people geeks, this article can discuss geeks, that's all fine. However, when you start a "Squad o'Geeks" computer repair service, only then are you going to run into a potential problem.

      Except that except for the fact that someone tried to turn it into a trademark ... the people doing the computer repair service were pretty well established as being called geeks long before Best Buy had a "Geek Squad". Much like you couldn't trademark the use of the word "gardener" or "snow plowing" ... the word is descriptive of the job function. Lots of us were self professed geeks before Best Buy decided it was a cool marketing term.

      So, maybe they trademarked something which actually is far too generic. Certainly, by the time Best Buy had that service, that name pretty much already relied on everybody knowing what it meant. I hope they get told "too damned bad".

      --
      Lost at C:>. Found at C.
    13. Re:Use in Commerce by Theaetetus · · Score: 5, Informative

      Apple is also a generic term, being the name of a fruit. How about I try to set up a computer company using it? I could use some new innovative core design and call my company Apple-core.

      Apple is a generic term for apples. It's not a generic term for anything else. Specifically with regard to Apple Computers, it's an arbitrary term, which is one of the strongest protected categories of trademarks. More info here or here, essentially layman's guides to the Federal Circuit decision in Abercrombie & Fitch Co. vs. Hunting World, Inc.

    14. Re:Use in Commerce by ArhcAngel · · Score: 1

      Except a few of the aforementioned companies existed prior to Best Buy IIRC.

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    15. Re:Use in Commerce by bluefoxlucid · · Score: 5, Interesting

      Yes but that particular test is faulty because you can find "a" person who "doesn't give a shit and just wants this shit fixed" in 90% of the market. 90% of the market is not reasonable. 90% of the market that shows up at Best Buy's Geek Squad will think the Genius Bar at Apple is the same thing... Geek Squad, Geek Bar, whatever.

      By the way, Best Buy says (internally--this is company proprietary information) that Geek Squad's revenue is supposed to be about 80%; however, each Geek Squad "Agent" gets paid $10.50-ish an hour, maybe $15/hour in the upper tiers, more for out-of-store service. In-store is 80%, which means a revenue of 5 times the $84/day you make, or $420/day in services sold. In truth, however, they push for around $200/hour or about $1600/day.

      Think about it. If it's slow up front, one machine an hour is a $60 "diagnostic" service, already breaking (at $10.50/hr) the $52.50 you need to make. While there's no customers, you do all the bench work; it's minimal. Now, diagnostic is mandatory (if you come in saying "I have a virus" it's "We must do a diagnostic, $60"), but I *think* the actual repair is discounted ... so if it's a $30 repair, you pay $60 total.

      But that'll get you in a load of trouble (I know, I was fired for minimizing profits), so what normally happens is they run the anti-virus installed and it can't remove a virus (funny) or otherwise doesn't fix the problem. Then they tell you, $70 to back up any files, $60 to re-install the OS, $30 to run Windows Update and apply all patches, $30 per software package (Anti-virus, Anti-Spyware, Office) being installed... totals out to a good $250, plus the original repair, over $300 for one customer.

      I used to peer at the output and notice what was being found "protected" and irreparable; when you reboot, that file is encrypted and can't be scanned by the offline virus scanner, so it misses the virus. But since the online scanner told you it's in C:\Program Files\Common Files\wx3pd12.exe ... you go rename it to .ex_ and reboot. System works? Remove the file. Problem solved, and you just saved the customer $250 with 5 minutes of extra work. Now your supervisor is pissed and you get fired.

    16. Re:Use in Commerce by Anonymous Coward · · Score: 0

      Except that except for the fact that someone tried to turn it into a trademark ... the people doing the computer repair service were pretty well established as being called geeks long before Best Buy had a "Geek Squad". Much like you couldn't trademark the use of the word "gardener" or "snow plowing" ... the word is descriptive of the job function. Lots of us were self professed geeks before Best Buy decided it was a cool marketing term.

      If you bothered reading the second paragraph of the post you're replying to, you wouldn't come off as such an idiot.

    17. Re:Use in Commerce by Theaetetus · · Score: 1

      And the term "Geek" had been used in commerce, in the same industry, for years if not decades before Worst Buy stole the term and started their Geek Squad.

      Doesn't matter... There's no such thing as prior art in trademark law - only if there's someone else currently using the mark.

    18. Re:Use in Commerce by Quiet_Desperation · · Score: 1

      rubbbish?

    19. Re:Use in Commerce by Hatta · · Score: 1

      Ah a baseless assertion. How silly of me to think otherwise.

      If trademarks overlap with ordinary English, injustice is sure to follow. The right of everyone to speak our language outweighs the narrow commercial interests of a single party. To avoid this, trademarks should not have any ordinary English meaning in the context that they are used.

      E.G. "Geek Squad" is a descriptive term, and even people who have never heard of Best Buy would understand the phrase. That's a bad trademark. "Apple Computer" on the other hand, while being composed of ordinary words has no meaning in this context. That's a good trademark.

      --
      Give me Classic Slashdot or give me death!
    20. Re:Use in Commerce by jonathansdt · · Score: 1

      The key to trademark infringement is brand confusion in the minds of typical consumers. If it can be shown that my Team O'Geeks is not confused with Geek Squad, there is no damage to pursue.

    21. Re:Use in Commerce by jkiller · · Score: 1

      The extra "B" is for "BYOBB."

    22. Re:Use in Commerce by Anonymous Coward · · Score: 0

      The key to trademark infringement is brand confusion in the minds of typical consumers. If it can be shown that my Team O'Geeks is not confused with Geek Squad, there is no damage to pursue.

      You're right, that totally refutes the post you replied to, dope.

    23. Re:Use in Commerce by GrantRobertson · · Score: 1

      You are correct, there is no such thing as "prior ART" but there is such a thing as "prior and still currently using the mark" which is what I was talking about. There are likely thousands of small companies around the country, if not the world, who were using "Geek" in their PC repair business names AND STILL ARE. Just because Worst Buy has more money they think they can muscle and threaten their way to dominance by suing all these small businesses. So how much did you get paid to sell your soul? Because I guarantee it wasn't enough.

    24. Re:Use in Commerce by whoever57 · · Score: 1

      Doesn't matter... There's no such thing as prior art in trademark law - only if there's someone else currently using the mark.

      Maybe not prior art, but you can't get trademark protection for "descriptive" marks.

      --
      The real "Libtards" are the Libertarians!
    25. Re:Use in Commerce by DarKnyht · · Score: 2

      Apparently you did not watch the video in the article (which isn't a surprise since odds are you didn't read the story). The commercial shows a box store salesperson in a blue polo taking the camera (the customer) to the laptop sales section. The customer asks the simple question, "What's the difference between the two" and the rest of the commercial is watching the salesperson struggle to answer the question. There is absolutely zero mention of Geek Squad, and the word Geek would not be in the commercial except for the tag at the end "Take it from a geek".

      Best Buy deserves to get slapped hard for this as it is an abuse of their Trademark. Their Trademark for "Geek Squad" does not give them complete control of the word "Geek" in the commercial world much like a fast food joint can't claim control of "Chicken" just because they sell a "McChicken". It is a common ploy of marketers to make an ad that has people dressed similarly as their competitors to paint them in a poor light, and it is sad that Best Buy feels the need to run to their Legal Team and cry foul. Perhaps if it wasn't so close to the truth they wouldn't be as bothered.

      --
      Voting them all out of office, now that's change I can believe in.
    26. Re:Use in Commerce by RivenAleem · · Score: 1

      From TFS "The word 'Geek' is a century-old word that used to mean a fool or crazy"

      Geek is also a generic term for fool or crazy, which has been specifically used in this case (since 1980s) to refer to people of a technical, but not so social, persuasion.

      So Apples are generic for fruit, but specific for a certain computer firm. I'm not against trademarking, I'm quite certain that Best Buy will come out the victor here, I just think that Newegg's defense is somewhat naive. They are hoping to use the "big evil corp is stealing generic words" defense which will just not work.

      ie I agree with you.

    27. Re:Use in Commerce by Theaetetus · · Score: 1

      You are correct, there is no such thing as "prior ART" but there is such a thing as "prior and still currently using the mark" which is what I was talking about.

      What, really? No, please, condescendingly explain more. Obviously, from my "only if there's someone else currently using the mark" statement I don't understand this concept of someone currently using the mark.

    28. Re:Use in Commerce by TheVelvetFlamebait · · Score: 1

      rub-a-dub-dubish!

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    29. Re:Use in Commerce by AJH16 · · Score: 1

      Well see, since Best Buy's Geek Squad is actually a sales force, they aren't actually geeks so it isn't a descriptive mark... /s

      --
      AJ Henderson
    30. Re:Use in Commerce by Anonymous Coward · · Score: 0

      He claimed that the "Geek Squad" trademark shouldn't extend to uses of the word "geek" in tech because the word is a common term in the same industry (and has been for a long time).

      If he had cited a business that historically used the name "Geek Squad" but no longer did, your post would be relevant.

    31. Re:Use in Commerce by Anonymous Coward · · Score: 0

      Man you guys were raping them. We only run diag if we think it could be a hardware problem but aren't certain. If we know for a fact it's a virus, we charge for the virus removal and throw in the hardware diagnostic for shits and giggles so they don't go home and find out they also had a bad hard drive. Also they have tech support now, so you're looking at 200 for 3 computers for a year of services. It's been kicking our asses with labor, but it's a decent deal.

    32. Re:Use in Commerce by Anonymous Coward · · Score: 0

      So Walmart is infringing on K-Mart ?

    33. Re:Use in Commerce by The+Moof · · Score: 1

      The Newegg commercial was in TFA. No mention of a squad to be seen or heard. While the commercial itself was a parody (generic kid in a blue polo shirt appearing uninformed about the difference between 2 laptops), the use of geek is literally the tag line "Take it from a geek." Seems more like a slam dunk for Newegg after watching the commercial if BB is solely going after the use of "geek."

    34. Re:Use in Commerce by ShakaUVM · · Score: 1

      >>Specifically with regard to Apple Computers, it's an arbitrary term

      Geek is a term for people who like computers and other nerdy things. It would be like Best Buy trying to trademark "The Computer Guys". I.e., I don't think they can. But it depends on how much money Newegg has for lawyers, I guess.

    35. Re:Use in Commerce by Tanktalus · · Score: 1

      No, the GP meant "rubish" - as in "similar to a Rube Goldberg machine". Use in a sentence: "Best Buy's Geek Squad is rubish if their ultimate goal is to actually fix your computer, but confusingly direct if their goal is to generate income from anyone unfortunate enough to accidentally walk somewhere near to their counter, say, within three miles."

    36. Re:Use in Commerce by unkmar · · Score: 1

      What diagnostics? Hardware diagnostics in 5 to 10 minutes. Look in the Event Viewer. See any yellows or red? Otherwise the problem is likely so bad the system doesn't boot anyway. Granted this isn't perfect, but nothing is. And doing a chkdsk /f is usually little more than burning time and abusing the HDD.

    37. Re:Use in Commerce by Anonymous Coward · · Score: 0

      And anyway, you ARE allowed to refer to your competitors by their trademarked names in your commercials. You just can't go trying to confuse people that you ARE those competitors. Trademarks are supposed to protect US, from buying a can of soda that says "Coco-Cola" but getting an inferior brand of malted battery acid instead.

    38. Re:Use in Commerce by Stone2065 · · Score: 1

      My compliments to your ethics, sir/ma'am. While I know you can't spend ethics, when you stick to yours, you can sleep FAR better at night.

      --
      Stone
    39. Re:Use in Commerce by Stone2065 · · Score: 1

      That's because you folks don't have to feed the 800lb. gorilla knows as Best Buy with nefarious actions of their so called "tech support". I've called it "Worst Buy" for many years now...

      --
      Stone
    40. Re:Use in Commerce by Stone2065 · · Score: 1

      Don't forget the grocery list of companies that Apple has gone after that would use the lower case "i" before a name... I think they are STILL chasing down all of them, not that they really have a leg to stand on, but that doesn't stop the great Apple Asshole machine...

      --
      Stone
    41. Re:Use in Commerce by Anonymous Coward · · Score: 0

      They modified the commercial changing the color shirt the guy has on. Its now multicolor striped so that no one can claim anything in regards to uniform.

    42. Re:Use in Commerce by Anonymous Coward · · Score: 0

      And if these people http://en.wikipedia.org/wiki/Transmorphers:_Fall_of_Man [wikipedia.org] didn't get sued by Paramount or Hasbro, I think Geek Housecalls fails to be confusingly similar to Geek Squad.

    43. Re:Use in Commerce by advocate_one · · Score: 1

      Jeebus... No wonder Linux doesn't get a word in edgeways... there's NO money in it for the repair squad as Linux does not suffer from these problems...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    44. Re:Use in Commerce by Anonymous Coward · · Score: 0

      From the same page you linked:

      3: an enthusiast or expert especially in a technological field or activity

    45. Re:Use in Commerce by arth1 · · Score: 1

      Apple is a generic term for apples. It's not a generic term for anything else.

      Sure it is. An optician should have a hard time registering it as a trade mark too.

    46. Re:Use in Commerce by Fjandr · · Score: 1

      It surprised me to hear Newegg is an arch-rival. There are Newegg customers who would actually ever step foot into a Best Buy?

    47. Re:Use in Commerce by Chris+Mattern · · Score: 1

      90% of the market is not reasonable

      Words in legal terms often has special meanings. If that sort of person is 90% of the market, that sort of person is *by definition* "reasonable", legally speaking.

    48. Re:Use in Commerce by mcgrew · · Score: 1

      Parent AC comment is insightful. I'd mod him up if I hadn't already posted in this discussion.

    49. Re:Use in Commerce by Anonymous Coward · · Score: 0

      Seriously? $10.50 an hour? I get paid double that to do practically the same thing. And I get to wear a number of different colored polo shirts and don't keep my hair trimmed.. Sometimes I have to do work on Windows servers, so maybe that's why I get paid more. Shrug.

    50. Re:Use in Commerce by GrantRobertson · · Score: 1

      My point was that I already knew the difference between prior art and the current use of the mark. Therefore I didn't need YOUR condescending explanation about how something no one had brought into the conversation shouldn't be brought into the conversation.

      So there!

    51. Re:Use in Commerce by GrantRobertson · · Score: 1

      Oh, for sure! And remember when McDonalds wanted to sue everyone with "Mc" in their business name, even people who's last name really started with "Mc"?

      <sarcasm> I can't wait till I'm rich so I can start suing people for writing "Grant" proposals and for giving "Grants" to people. I'll be even more rich!</sarcasm>

    52. Re:Use in Commerce by Alex+Belits · · Score: 1

      Although I wouldn't mind if they claimed sole rights to the term "moronic" as in "Moronic Techs" or "Moronic service" which is actually what you get when you go the that place.

      But then how would we call moronic technicians and service from other companies?

      --
      Contrary to the popular belief, there indeed is no God.
    53. Re:Use in Commerce by luther349 · · Score: 1

      best buy does that to all its employees even the sales guys. if they dont sell enough of there we dont cover shit warrentys they get canned. why does bestbuy do this is for 1 there abought as shady as walmart and for 2 its all profit for them you hand them a extra 10-100$ for no reasion.

    54. Re:Use in Commerce by sjames · · Score: 1

      Actually, there is. You cannot get a trademark on a generic term and you're not supposed to get one on obvious combinations of words. For example, "fruit stand" for your stand that sells fruit won't fly as a trademark. "The fruits connection" would fly, but wouldn't be strong enough to prevent any use of the word "fruit" by other sellers of fruit.

      Further, if your mark LATER comes to be used in a generic sense, you can lose your existing mark.

    55. Re:Use in Commerce by GrantRobertson · · Score: 1

      Just call them 1d10t techs. The USPTO has already ruled that you can't trademark part numbers. Just ask Intel.

    56. Re:Use in Commerce by Rich0 · · Score: 1

      I'll admit that I've done it - mainly to replace a failing hard drive that I didn't want to wait weeks for shipping on.

      Of course, the fact that they price match to Micro Center, which itself aims to match NewEgg prices didn't hurt. :)

      I've actually had Best Buy gift cards sit unused in my wallet for years, because even with $20 off it is far cheaper to get most things from NewEgg or Amazon. However, when they're willing to actually sell their products for a reasonable price due to price-matching then they're not a problem (well, if you discount the limited selection of anything I'd actually buy).

    57. Re:Use in Commerce by Anonymous Coward · · Score: 0

      Apple is also a generic term, being the name of a fruit. How about I try to set up a computer company using it? I could use some new innovative core design and call my company Apple-core.

      My tagline can be: Growing Innovation Depends on your Core

      I'd suggest you have that conversation with Apple Records. It has existed a bit longer than Apple Computer but has still had to defend it's trademark in court on multiple occasions because Apple Computer claims infringement. Frivolous lawsuits still cost money. Luckily in this case Apple Records happens to be the property of The Beatles and they won the cases, so far.

    58. Re:Use in Commerce by bluefoxlucid · · Score: 1

      Except 90% of the market can be stupid enough to think that anyone who works on a computer is Geek Squad.

    59. Re:Use in Commerce by Coren22 · · Score: 1

      I do when I need something quick, but generally stay away. I also end up answering customer questions that the employees have no clue about every time I am there...

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    60. Re:Use in Commerce by Fjandr · · Score: 1

      I can understand the need for quick replacement parts. I guess I just wouldn't consider them competitors, since immediate fulfillment is a service Newegg can't really do.

  4. What about "Pencil Neck"? by Zephyn · · Score: 1

    When will they be going after the heirs of Fred Blassie?

  5. Cover your face... by Anonymous Coward · · Score: 0

    At least "geek" isn't a part of the body. I'm waiting for the day we have to pay Facebook royalties every time we put the word 'face' in personal correspondence.

  6. And? by Anonymous Coward · · Score: 0

    Replace "Geek Squad" in that summary with "Apple," "Sun" or "Oracle." Being a century or more old doesn't mean that it can't be trademarked and protected in commerce. If companies don't protect their trademark, they lose it, and Best Buy is no different.

    1. Re:And? by Larryish · · Score: 1

      How about a computer and software company called "Orkle"?

  7. In High School, we beat the shit out of them. by Anonymous Coward · · Score: 0

    Now, we work for them.

    1. Re:In High School, we beat the shit out of them. by RobDude · · Score: 2

      I don't know where you went to high school or where you work; but I've found this to, largely, be incorrect. Most of the 'geeks' I knew in high school are software developers or system admins or something similar. Even some of the really, really smart geeks I knew, the one who worked at Google and then Plantir (while I'm sure he's rich by normal standards) isn't 'running' things.

      I'd bet money there are more CEOs in the US who were former jocks/popular kids than former geeks. I might be wrong, I don't have any real data on this, but my gut and personal experience support it. There are a few notable exceptions, specifically tech companies that were started by one geek that grew.

  8. CompGeeks - now geeks.com by FatAlb3rt · · Score: 2

    Maybe CompGeeks should take issue with Best Buy - they've been doing the geek thing for 15 years.

    1. Re:CompGeeks - now geeks.com by hedwards · · Score: 1

      OTOH, perhaps they should be thankful that people are forgetting about them. I used to buy things from them in the past. But I stopped about the time they stopped posting full spec lists. I had to return several things in a row because they didn't get the spec list right, and much of what they were selling was unbadged or obscure.

      I ended up not bothering to return the last one because after I paid for shipping all they were willing to give me was store credit that I wouldn't use because I had bought that item with store credit.

      A decade ago, they were actually fairly good, but last time I did business with them the experience was pretty bad, I think this is the first time I've been to their site in quite a while.

    2. Re:CompGeeks - now geeks.com by Bob+the+Super+Hamste · · Score: 1

      I believe that the Geek Squad existed before that, of course I could be wrong. At that point they weren't part of best buy but were an actual respectable company that did good work. I know in 97 I had them actually repair the screen on my laptop (a used dell with a 486 dx4 processor with 36MB ram). They actually disassembled it and fixed the screen which had a large orange rectangle in the upper right corner. I think it only cost like $25 or $30 at the time.

      --
      Time to offend someone
  9. let's get back to basics by rubycodez · · Score: 2

    Geeks are supposed to be crazed circus side show freaks that bite the heads off of chickens.

    http://youtu.be/JNM4atakanI

    1. Re:let's get back to basics by Tr3vin · · Score: 4, Funny

      We prefer the term "Hungry American". We do not like being associated with those introverted computer nerds.

    2. Re:let's get back to basics by MonsterTrimble · · Score: 1

      Geeks are supposed to be crazed circus side show freaks that bite the heads off of chickens.

      Ozzy Osbourne is not a geek.

      --
      I call it 'The Aristocrats'
    3. Re:let's get back to basics by WhiteQueen · · Score: 1

      I thought he did bat heads not chicken? o.O

    4. Re:let's get back to basics by Meski · · Score: 1

      Do they deep-fry them first?

  10. Geek Squad Photoshop Challenge by Anonymous Coward · · Score: 0

    A "geek" was a circus freak that bit the heads off live chickens. This begs for a photoshop challenge to depict the "Real Geek Squad" servicing computers...

  11. Meanwhile, at Best Buy HQ by The+O+Rly+Factor · · Score: 2

    We're losing customers to Newegg! We need to stop price gouging our repair services! We need to hire actually knowledgeable and well trained sales representatives! We need to carry a better selection of components that aren't grossly overpriced! We need to .... ah screw it too much overhead let's just sue them over use of the word geek.

    1. Re:Meanwhile, at Best Buy HQ by Alex+Belits · · Score: 1

      How in the world can they lose customers to Newegg? Their stores and service are designed for morons who would not know how to order things from Newegg, leave alone recognize anything they want to buy there! The only way a customer can switch between those two is by suddenly growing a brain... Oh, I see. The generation of users that buy from them is simply dying out, and new users just aren't uninformed enough to buy from them.

      --
      Contrary to the popular belief, there indeed is no God.
    2. Re:Meanwhile, at Best Buy HQ by Anonymous Coward · · Score: 0

      I see you can't name the automaker who supposedly denies you the right to work on your own car. How can we think anything better of you in any other matter.
       
      You're a liar and a loser and you're part of what is bringing Slashdot down.

  12. I wouldnt call newegg a rival by Anonymous Coward · · Score: 1

    Newegg actually sells cables and computer hardware at realistic prices. Bestbuy is ok for buying movies if they are on sale.

    1. Re:I wouldnt call newegg a rival by I'm+just+joshin · · Score: 1

      For cables, Monoprice kicks Newegg's tail.

      -J

    2. Re:I wouldnt call newegg a rival by Amouth · · Score: 1

      saddly i bought something at best buy recently.. i needed some linksys E1000's Newegg has them for 50$+ Tiger/Comp had them for 80$ and oddly bestbuy had them for 45$..

      i still feel bad buying something there after the last time was there.

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    3. Re:I wouldnt call newegg a rival by Fjandr · · Score: 1

      I'd pay $5 more to Newegg. $5 isn't worth me driving to the north part of the city to patronize a crappy store like Best Buy.

  13. Circus Geeks by QuickBible · · Score: 1

    Perhaps they are going back to the roots of the word "Geek" by trying to eat the competition.

  14. How far should common terms go? by geekmux · · Score: 1, Interesting

    This really makes me wonder how far one should be allowed to use common terms. In this particular case, the argument is against the decades-old term "geek". How far should companies wanting to engage in commerce be allowed to take a trademark? To me, even the example of the word "geek" is ridiculous, but if you want the most extreme form of insanity when it comes to current copyright/trademark laws, iAnyone doesn't have to iLook any further than Apple, and their iMonopoly over a single letter. At what point should we draw the line?

    1. Re:How far should common terms go? by Theaetetus · · Score: 2, Interesting

      This really makes me wonder how far one should be allowed to use common terms. In this particular case, the argument is against the decades-old term "geek". How far should companies wanting to engage in commerce be allowed to take a trademark? To me, even the example of the word "geek" is ridiculous, but if you want the most extreme form of insanity when it comes to current copyright/trademark laws, iAnyone doesn't have to iLook any further than Apple, and their iMonopoly over a single letter. At what point should we draw the line?

      But Apple doesn't have a monopoly over the single letter (and, in fact, they haven't successfully asserted family rights in the i- prefix either yet). And "iPod" or "iMac" or "iCloud" certainly aren't common words.

      Where should the line be drawn? It depends on the case. We can go as narrow as need be. If "geek" is a generic term and "squad" is generic, then what about "geek squad" together? No one but Best Buy is using that, so maybe we only give them protection over the combination, and "Geek On" or "Squad o'Nerds" would be just fine. Or maybe it's not enough and we require more - "Best Buy's Geek Squad". Now at that point, we're certainly not "being insane" by giving them protection.

      The line that's drawn is whether the entire mark - not just its individual parts - is generic. But we can vary the mark or the protection we give until it passes that line.

    2. Re:How far should common terms go? by UnknowingFool · · Score: 2

      The trademarking of two common words has been around forever. ie Sun Computers, International Business Machines, Internet Explorer, etc.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    3. Re:How far should common terms go? by geekmux · · Score: 1

      ...But Apple doesn't have a monopoly over the single letter (and, in fact, they haven't successfully asserted family rights in the i- prefix either yet). And "iPod" or "iMac" or "iCloud" certainly aren't common words.

      Cloud is a very common word. Hell, the meaning of the word didn't even change within the context of networking. Add a single letter to it, and poof!, instant trademark that is almost immediately assumed associated with Apple? Sure smells like a single-letter monopoly to me.

      I'll believe that they don't have a monopoly over a single letter used with something like the VERY generic word "cloud" when someone can sue them and actually win. Then I'll believe it. Until then, they DO have a monopoly if for no other reason than you can't possibly win against their legal(spinning) team before you're exhausted of funds or patience, or they simply buy you out and force you to STFU and go away. Not like we haven't seen those tactics before in many arenas. Talk about a 600-pound gorilla in the industry...God help your business if you even legally owned i[Anything] and Apple woke up one morning and decided to start using it.

    4. Re:How far should common terms go? by Marc+Madness · · Score: 1

      The problem with this issue is not necessarily due to the use of generic words as a trademark, but rather that the application of these trademarks is not sufficiently narrowly defined. As was mentioned in other posts, this could be a case of Best Buy deciding that, accusing the competition of violating their trademark is easier than actually competing with them, so they chose to do this rather than improve their service. The question is, are they legitimately losing business because customers are confounding a competing service for their own, or are they losing business due to an inferior product or service? I'm no jurist, but it seems to me that this is a nuance of trademarks which may not be adequately addressed by trademark law and provides much more possibility for abuse than the ability to register generic words.

    5. Re:How far should common terms go? by Theaetetus · · Score: 1

      ...But Apple doesn't have a monopoly over the single letter (and, in fact, they haven't successfully asserted family rights in the i- prefix either yet). And "iPod" or "iMac" or "iCloud" certainly aren't common words.

      Cloud is a very common word.

      I know. That's why you'll notice that I said "iCloud".

      Legally, a trademark must be viewed in its entirety. You can't excise part of a mark in order to claim that the remaining part is generic.

    6. Re:How far should common terms go? by geekmux · · Score: 0

      The trademarking of two common words has been around forever. ie Sun Computers, International Business Machines, Internet Explorer, etc.

      Quite true, but how often did one use the combination of "Sun" and "Computers" before it was trademarked? Some trademarks do not bother very common verbiage because the use of those two words together was rare or non-existent before.

      Now, contrast that with Apples apparent and absolute domination over a single letter. The hot ball of fire in the sky that sustains life on earth becomes "iSun" and instant trademark and automatic association with a single corporate entity? uhhh, yeah...Good luck if you even legally owned i[Anything] and Apple chose to use it one day...

    7. Re:How far should common terms go? by geekmux · · Score: 1

      ...But Apple doesn't have a monopoly over the single letter (and, in fact, they haven't successfully asserted family rights in the i- prefix either yet). And "iPod" or "iMac" or "iCloud" certainly aren't common words.

      Cloud is a very common word.

      I know. That's why you'll notice that I said "iCloud".

      Legally, a trademark must be viewed in its entirety. You can't excise part of a mark in order to claim that the remaining part is generic.

      I do understand what you are saying here. However, my point with Apple still stands. Say you were a small business called ICloud Networking, offering cloud DR services with an OSX app...and all of the sudden Apple chooses to start using "iCloud". While not an exact match, it's likely close enough to start crushing your business. You're a small business. Even though you might have a slam-dunk case, how much can you afford to go against Apple? Take a look at nissan.com...you'll notice that isn't Nissan Automotive on that page. The point here is attacking those who even blatantly walk over copyrights costs a lot of time and money. You may win the battle, but you may find you lost the war anyway.

    8. Re:How far should common terms go? by Anonymous Coward · · Score: 0

      We really need to more strict in keeping people from trademarking common terms.

      At my office we occasionally get a flyer with coupons for local restaurants. At the top of the flyer it says in large print "PLEASE POST IMMEDIATELY".

      Upon closer inspection you'll notice that "PLEASE POST IMMEDIATELY" is a registered trademark. I.e. I cannot now legally send you a flyer with the words "Please post immediately" printed on it.

      How's that for ridiculous?

    9. Re:How far should common terms go? by Theaetetus · · Score: 1

      Say you were a small business called ICloud Networking, offering cloud DR services with an OSX app...and all of the sudden Apple chooses to start using "iCloud". While not an exact match, it's likely close enough to start crushing your business. You're a small business. Even though you might have a slam-dunk case, how much can you afford to go against Apple?

      That's why, if you're smart, after you offer to settle with Apple, you approach Amazon and see if they want to pay for representation in your lawsuit in exchange for some or all of the proceeds, on the grounds that they might be interested in preventing Apple from obtaining the mark.

    10. Re:How far should common terms go? by Anonymous Coward · · Score: 0

      Name a single lawsuit from Apple regarding someone using an 'i'Whatever phrase. Apple sues for trademarks, not for the use of word with 'i' in front of it.

    11. Re:How far should common terms go? by LoganDzwon · · Score: 1

      God help your business if you even legally owned i[Anything] and Apple woke up one morning and decided to start using it.

      Yes, that is what all business owners fear. Being paid a ridiculous amount of money to slightly change your name. I can't think of anything worse then getting a huge check to change my business's name from iCloud to CloudMe.

    12. Re:How far should common terms go? by russotto · · Score: 1

      Legally, a trademark must be viewed in its entirety. You can't excise part of a mark in order to claim that the remaining part is generic.

      If a trademark must be viewed in its entirety, Best Buy would have no case at all, because the names it objects to are not "Geek Squad". Rather, they are various combinations of "Geek" with something besides "Squad", such as "Take it from a Geek".

      Or is it one of those things where if you're claiming the mark is no good, it must be viewed in its entirety, but if you're claiming infringement, even a generic piece of it counts?

    13. Re:How far should common terms go? by Theaetetus · · Score: 1

      Legally, a trademark must be viewed in its entirety. You can't excise part of a mark in order to claim that the remaining part is generic.

      If a trademark must be viewed in its entirety, Best Buy would have no case at all, because the names it objects to are not "Geek Squad". Rather, they are various combinations of "Geek" with something besides "Squad", such as "Take it from a Geek".

      Or is it one of those things where if you're claiming the mark is no good, it must be viewed in its entirety, but if you're claiming infringement, even a generic piece of it counts?

      Not really... It's still viewed in its entirety - the question on infringement would be whether "Take it from a Geek" is confusingly similar to "Geek Squad" in its whole, not just "geek" or "squad" alone. Why Best Buy still has a potential case is that someone may reasonably believe that "Take it from a Geek" is a slogan of or associated with Best Buy's Geek Squad service.

  15. They Tarnish the name "Geek" by MoldySpore · · Score: 5, Interesting

    If the "Geek Squad's" track record indicates anything, it is that they are not worthy of the title "geek" anything.

    Anyone who brings their computer to Best Buy for service either 1) Has never brought their computer to best buy for service before, 2) Is too stupid to know any better, or 3) Have no friends who have even a remedial knowledge of IT.

    --

    "I hope you know how very lucky you are to know me, because I am so incredibly incredible."

    1. Re:They Tarnish the name "Geek" by Anonymous Coward · · Score: 0

      Have no friends who have even a remedial knowledge of IT.

      So, what you're saying is those clowns, wanna-be techies @ Worst Buy don't have a remedial knowledge of IT?

      Well, you're 150% right about that!

    2. Re:They Tarnish the name "Geek" by Anonymous Coward · · Score: 0

      Wasn't a "geek" originally a circus performer who attracted viewers with strange and disturbing activities like biting the heads off of live animals?
      What sort of activities would make someone unworthy of that title?

    3. Re:They Tarnish the name "Geek" by MoldySpore · · Score: 1

      Wasn't a "geek" originally a circus performer who attracted viewers with strange and disturbing activities like biting the heads off of live animals? What sort of activities would make someone unworthy of that title?

      The Best Buy equivalent would be if you went to the Circus to see some "strange and disturbing activities like biting the heads off of live animals" but when you walked up to the tent they said "So it is going to cost you $80 to just have us tell you about the disturbing activities, which may not be accurate, and then you can decide if you want to contact us in about 2 weeks to find out if we've actually gotten around to biting the heads off of live animals or if we've just misplaced the animals and not actually bitten any heads off. By the way, most of the circus trainers and employees are high school kids with no formal circus training, or circus school drop outs from ITT Tech/DeVry/Random Unaccredited College. Oh BTW, would you like us to give sell you a FREE upgrade on your circus package for $30?"

      --

      "I hope you know how very lucky you are to know me, because I am so incredibly incredible."

    4. Re:They Tarnish the name "Geek" by Anonymous Coward · · Score: 0

      I bought a laptop at Best Buy. They tried to sell me over $100 of additional "services", including a subscription to Geek Squad. I turned them down. The lady next to me, however, was getting bamboozled hard. They had her for everything, and not only that you could see she was uncomfortable buying all this extra stuff she hadn't planned for. It was painful to watch the "Geek Squad" member hesitantly let her know she *would* actually have to keep paying them a fee if she wanted help with her computer more than 6 months down the line.

      The whole Geek Squad service is a complete rip-off, and it also forces the salespeople to spend ridiculous amounts of time at the register trying to sell people. It took forever for me to be able to hand over some cash and walk out with my laptop.

      In any case, nobody associates "Geek Squad" with Best Buy or even with the Geek Squad. All of the computer diagnostic companies are more or less viewed as one big amorphous group. It doesn't matter what they call themselves, people aren't looking for service from any particular company. If they are, it's because that company already ripped them off for a subscription fee.

  16. Good thing Slashdot's safe... by Pollux · · Score: 1

    I guess CmdrTaco had the wisdom to see this coming when he created a website with "News for Nerds." Just imagine what type of trouble /. would be in if it was "Gadgets for Geeks" or something along those lines!

    1. Re:Good thing Slashdot's safe... by psyclone · · Score: 1

      © 2011 All Rights Reserved. Geeknet, Inc.

  17. Sigh... by cmdr_klarg · · Score: 1

    Makes me wonder where the world might be if we stopped expending time, money and effort on stupid shit like litigation over the use of the word "geek".

    --
    THE SOFTWARE, IT NO WORKY!!!
    1. Re:Sigh... by Anonymous Coward · · Score: 0

      We'd focus our energies into other endless open-ended arguments.
      It's just a dick-waving contest.

  18. How rentally metarded is that? by CODiNE · · Score: 2

    They only used "Geek Squad" because everybody already knew what it meant. Therefore, it's not theirs.

    --
    Cwm, fjord-bank glyphs vext quiz
    1. Re:How rentally metarded is that? by Anonymous Coward · · Score: 0

      Exactly. Someone earlier was using Apple as an example, focusing on the adoption of the word apple. Applying that here, it would be more like Apple Computer going after other companies for using the word computer, not apple, in their name.

    2. Re:How rentally metarded is that? by Anonymous Coward · · Score: 0

      Welcome to the 21st century, where if you claim something is yours, it sure as hell is yours. provided you have enough money and lawyers to force everyone to agree

      Just how Microsoft claims that they can only use the term windows, and apple claims they own the right to use the term apple exclusively.

      though McDonalds tried to sue the MacDonald clan in Scotland over the unauthorized use of "their" name at one point apparently, trying to scare anyone who wanted to open a business using their family name that goes back to ancient times.

  19. All this will do for Newegg... by killmenow · · Score: 1

    Best Buy will lose this case. And all it will do is give Newegg that much more cache with their current customer base.

    1. Re:All this will do for Newegg... by Anonymous Coward · · Score: 0

      Cachet, not cache.

    2. Re:All this will do for Newegg... by demonbug · · Score: 1

      Cachet, not cache.

      Cash is also acceptable.

    3. Re:All this will do for Newegg... by aujus3 · · Score: 1

      I'm just amazed that Best Buy is still in business. The bulk of their clientele base seems to be comprised of people who are completely unwilling or unable to utilize the intarwebs to find cheaper prices for the exact same products.

      Case in point: I was recently in the market for a mid-range camcorder, and settled on a Panasonic HDC-TM90 after doing some research. I have a friend who works at Best Buy who was willing to get the camcorder for me using his employee discount; I'd then pay him back (nefarious? maybe a bit).

      The "deal" he was able to get me ended up being about $42 (after taxes) more expensive than the best internet price I could find. Obviously, I purchased from the internet and am loving my camcorder.

      I mean, I can certainly understand paying a small premium for the convenience of walking out of the store with an item, but a nearly 10% premium after the employee discount? That's a bit steep for me.

      I don't think Best Buy is going to be around much longer as each coming generation becomes more tech savvy than the last.

      --
      There are approximately 6,775,235,700 different kinds of people in the world.
    4. Re:All this will do for Newegg... by MightyMartian · · Score: 1

      Most of these big box stores, at least as far as computer sales go, seem to live off the concept of selling the computers, printers and other major components at low margins and then raping the customer over the sale of items like cables, adapters and the like. "Yes, this color laser printer is only $235, and here's your six foot USB cable for $29.95!"

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    5. Re:All this will do for Newegg... by Registered+Coward+v2 · · Score: 1

      Most of these big box stores, at least as far as computer sales go, seem to live off the concept of selling the computers, printers and other major components at low margins and then raping the customer over the sale of items like cables, adapters and the like. "Yes, this color laser printer is only $235, and here's your six foot USB cable for $29.95!"

      The real money is in service agreements. If you want some laughs, listen to a salesperson push one. If you want more of a discount; negotiate a price and buy the service agreement. If they discount anything it's the item (since the SA covers up to the purchase price for repairs/replacement; not giving you a new item that costs more no matter what the salesperson says); then return the SA for a full refund (most states allow this) and keep the item at the discounted price.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    6. Re:All this will do for Newegg... by Registered+Coward+v2 · · Score: 1

      The "deal" he was able to get me ended up being about $42 (after taxes) more expensive than the best internet price I could find. Obviously, I purchased from the internet and am loving my camcorder. I mean, I can certainly understand paying a small premium for the convenience of walking out of the store with an item, but a nearly 10% premium after the employee discount? That's a bit steep for me.

      What is your sales tax rate - that could be most of the difference and since most states have a use tax that you must pay for items bought out of state teh real difference may be smaller. Yes, I know actually paying a use tax is another argument...

      --
      I'm a consultant - I convert gibberish into cash-flow.
    7. Re:All this will do for Newegg... by Dragonslicer · · Score: 1

      Maybe Newegg will get such a huge increase in business that they have to build a dozen new warehouses to store products that are about to be shipped out.

    8. Re:All this will do for Newegg... by aujus3 · · Score: 1

      Sales tax is 7%, but I'm working from an employee discount number, so I didn't feel bad about leaving that in for effect. :) Not counting sales tax or the employee discount:

      Online price I paid: $449.07
      Best Buy's price (retail, before tax): $549.99

      That's $100.92 more than what I paid... before taxes...

      Why anyone shops at Best Buy I have no idea. A fool and his money...

      --
      There are approximately 6,775,235,700 different kinds of people in the world.
    9. Re:All this will do for Newegg... by aujus3 · · Score: 1

      By the way the $549.99 number is a "sale" price to boot. Hahaha what a joke. It's normally $599.99.

      --
      There are approximately 6,775,235,700 different kinds of people in the world.
  20. Apply it this way by Anonymous Coward · · Score: 0

    House of Pizza, Luigi's Pizza, New York Pizza, Mario's Pizza, etc

  21. Selling a domain by Anonymous Coward · · Score: 0

    Maybe I did the right thing by selling my "geek" domain last year.

  22. Class-Action Status assured! by Lashat · · Score: 1

    end

    --
    For every benefit you receive a tax is levied. - Ralph Waldo Emerson
  23. Wrong by mcgrew · · Score: 1

    It didn't mean "fool or crazy", a "geek" was someone who ate live animals. 1920s goldfish swallowers, for example.

    1. Re:Wrong by Anonymous Coward · · Score: 0

      +1, traditionally some in the circus who bit the heads off of live chickens. Use as a perjoritive for people with weak social skills is quite recent, perhaps less than 50 years.

    2. Re:Wrong by Xtifr · · Score: 1

      Ah, urban etymology at its finest! Having just checked several references, I'm reasonably confident in stating that you have this exactly backwards. It originally meant "fool or crazy" (late 19th c.) and then was adopted by circuses (early 20th c.), where it entered the popular consciousness.

  24. Why I have never and will never shop at BestBuy by Anonymous Coward · · Score: 0

    To me, "geek" has always ment a tallented amature, and enthusiast.

    When it comes to computers and other electronics, I want to work with a trained professional.

    From their use of the word "geek" and association with it they have always impressed me as used car salesmen.

    Their considering ownership of the word "geek" only reinforces my belief.

    YMMV

  25. Picture of infringement by brainzach · · Score: 4, Informative

    The title is misleading. Best Buy is defending uses of the word Geek in a context that can be confused with the brand Geek Squad.

    Here is a photo of the alleged infringement.

    After looking at the logos, it doesn't look like Best Buy has much of a case. I don't see how a reasonable person can confuse the two usages.

  26. Newegg is a rival to Best Buy? by GameboyRMH · · Score: 1

    Newegg dominates the shit out of Best Buy. Newegg is possibly the best computer / electronics retailer, while Best Buy is possibly the worst.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
    1. Re:Newegg is a rival to Best Buy? by Fjandr · · Score: 1

      That was my first though upon reading the summary. I doubt there's much overlap in their customer base.

  27. Hoover by Anonymous Coward · · Score: 0

    So something that starts out as a trademark, but becomes generic passes into the public realm, but if it starts out in the public realm, then gets rolled into a trademark it gets pulled out of general use?

    Well it has a symmetry to it's logic I suppose.

  28. Re:You fail at transparencies. by JobyOne · · Score: 0

    And yet here you are...

    --
    Porquoi?
  29. BAD for business by Anonymous Coward · · Score: 0

    These Best Buy people are ignorant to the fact that this kind of possessive mediocracy leaves a very fowl taste in the mouth of what could be potential customers. Leave the GEEK out of your bag of tricks and watch the geeks flock your store. Don't be what you claim to be, but are not. Geeks would have a much more casual, lucrative business model than this, making the arduous task of buying new electronic equipment a more enjoyable experience without the malarky. Get some new top management ideas or fall by the wayside.

    1. Re:BAD for business by Anonymous Coward · · Score: 0

      .... leaves a very fowl taste in the mouth

      ... not at all unlike chicken.

  30. correction - from 19th century by rubycodez · · Score: 2

    It comes from the Low German word "geck" meaning fool or crazy. Sideshow or freak show circus wild (as in crazy) men were called "geeks", and to demonstrate craziness did such stunts as biting chicken's heads off and swallowed and regurgitated live goldfish. In the 1930s, goldfish swallowing was a fad in colleges and was sometimes called being a geek.

  31. Geek Squad is a sales forces with real techs push by Joe_Dragon · · Score: 1

    Geek Squad is a sales forces with real techs push over people who can sell rip off monster cables and extended warrantys also Best Buy's optimization wizards have fabricated a devilish scam to exploit uninformed customers. Employees download a PlayStation 3's firmware update in advance and tack on an extra $30 to the cost of the system. http://consumerist.com/2010/10/best-buy-will-give-you-free-ps3-software-for-30-mandatory-charge.html

    Some times There were no computers left that weren't currently being optimized by the Geek Squad for sale at some best buys.

    Real techs need to sell and ripoff at best buy to get hours. Stapes is just as bad with high press sales push on the techs.

  32. But by Anonymous Coward · · Score: 0

    not ThinkGeek? Should be called "ThinkNeckbeard" these days considering the shift to hipster crap.

  33. Big Box "Repair" Services by JobyOne · · Score: 4, Insightful

    I hate big box repair services so much.

    I once had what seemed to be a dud power supply, and I went to the Circuit City near my house because I knew they would have something that would work to replace it. I also figured they would have one of those gadgets for testing power supplies. So I took the power supply out and headed over.

    Their support desk said they really preferred to troubleshoot the whole computer, then suggested I go home, put the power supply back in the case, then bring the whole thing back in and pay them $100 just to look at it. I said "no, it's almost certainly just the power supply, just plug it into that thing" and pointed at the tester sitting on the table next to them. After some convincing the guy finally did, and that was when it got *super* scam-tastic.

    Luckily I could look over the counter and see that not all the green lights were on when he said "nope, looks like it works fine." I asked him why the +12V rail light hadn't come on, and he tried to tell me that it should work fine, even without +12V, and that that's normal. Of course that gave him an opening to try - again - to tell me to go home, put the (obviously defective) power supply back in the case and bring the whole thing in so they could get $100 just to put it on a shelf for a few days before calling me and saying "you don't have an operating system." To which I would say "no shit, I just built it and it's never even been powered on. Is the power supply broken? Of course it is, you dumb fucks."

    If they had the balls to try and pull that shit on somebody like me, who comes in sporting a geek beard, holding a very fancy power supply and knowing at a glance which of their tools I need to borrow for 15 seconds...I shudder at the thought of what they must have pulled on people like - say - my mother.

    I doubt any large chain repair service is any better. I hope the Geek Squad chokes and dies.

    --
    Porquoi?
    1. Re:Big Box "Repair" Services by Anonymous Coward · · Score: 0

      I would like to shake your hand, sir. Mod parent up.

    2. Re:Big Box "Repair" Services by Anonymous Coward · · Score: 0

      If they had the balls to try and pull that shit on somebody like me, who comes in sporting a geek beard, holding a very fancy power supply and knowing at a glance which of their tools I need to borrow for 15 seconds...I shudder at the thought of what they must have pulled on people like - say - my mother.

      I doubt any large chain repair service is any better. I hope the Geek Squad chokes and dies.

      So basically, you went into a business and said, "Look, I want to use your tools and equipment for a while, pay you nothing for the privilege, and probably leave when I'm done and buy what I need online where it's two bucks cheaper."

      Here's a hint: they don't need you, and you obviously don't need them.

    3. Re:Big Box "Repair" Services by Registered+Coward+v2 · · Score: 2

      If they had the balls to try and pull that shit on somebody like me, who comes in sporting a geek beard, holding a very fancy power supply and knowing at a glance which of their tools I need to borrow for 15 seconds...I shudder at the thought of what they must have pulled on people like - say - my mother.

      I doubt any large chain repair service is any better. I hope the Geek Squad chokes and dies.

      Sometimes I wonder if they truly know. I had a "consultation" for home theater install (it was free and I was looking for some advice). I told the GS guy what I was looking for - he proceeded to take a few measures and promise a quote and recommendations. When I got it it was a long list of (expensive) items that would cost as much as a small car, (they seem to simply check every expensive item they sell); when I started asking questions all I got was blank stares. Needless to say, I'm not to impressed with their "consultants." Oh well...

      --
      I'm a consultant - I convert gibberish into cash-flow.
    4. Re:Big Box "Repair" Services by Anonymous Coward · · Score: 0

      Take PC to Circuit City, get bad service, all places like this must also give bad service. I see no problem with your logic here. *sarcasm* Also you say you just built it, why didn't you just start RMA'ing parts?

    5. Re:Big Box "Repair" Services by the_raptor · · Score: 1

      They might have been trying to scam you but you come of as an ass for trying to "borrow" their tools to fix your problem without paying them. I mean would you go into a random automotive mechanic and ask to borrow their testing equipment because you think you know what is broken in your car? Do you like it when people barge into your work and waste your time? I mean I could understand if you bought the PSU from them but otherwise you come off as an ass.

      Also any real geek knows those power supply testers aren't worth the effort to plug them in. All they are is a very basic voltmeter which is virtually worthless for figuring out a problem with a self-assembled "bleeding edge" machine (where there are often problems with pulling too much current off some rails, especially at power up). Also those PSU testers often don't put enough of a load to generate accurate voltage readings anyway.

      If it was me I wouldn't have believed you had tech knowledge simply because you a) Didn't own a voltmeter to test your PSU and b) didn't have additional PSUs to swap for testing. I would assume you were a gamer building equipment based on reviews in magazines but without any understanding of the basics.

      --

      ========
      CINC, 4th Penguin Legion
    6. Re:Big Box "Repair" Services by Twanfox · · Score: 2

      You know what happens when a technician helps out another technician by a 5 second test using that tool? They generally gain the business of that technician, and the recommendations to their peers and layfolk. Good will is, by itself, good advertising and quite often free. While the person stepping into the store might be able to fix up the computers of everyone, they may not have the time, and when deferring someone to another repair source, who would you recommend? This store that just tried to screw you out of $100 for what amounts to doing absolutely no work, or some other shop that treats customers with respect?

      The 'I'm a big box store and we don't need your business' is so damn stupid for a business out to make money. Be flexible. If someone knows what they need, help them out and don't try to scam them on services. If someone doesn't know what they need, help them out with enhanced services and diagnostics they may not be aware may improve the performance of their PC. You can have a win-win situation simply by not being a dick to a potential customer.

    7. Re:Big Box "Repair" Services by JobyOne · · Score: 1

      Nope, I intended to buy a power supply right then and there. Instead I took my business down the street because they were lying dicks about it.

      --
      Porquoi?
    8. Re:Big Box "Repair" Services by JobyOne · · Score: 1

      I did RMA the part, but didn't want to wait a week for the new one to arrive (this was before the days of Amazon Prime, back when fast shipping actually cost money). So I just opted for a refund and decided to spend a couple bucks more locally for the convenience of a working PSU *right now.*

      I could regale you with tales of incompetent upsells I've gotten from other big box stores that have cemented my opinion, but I won't because I'm sure it's happened to you too.

      --
      Porquoi?
    9. Re:Big Box "Repair" Services by Anonymous Coward · · Score: 0

      What I love is when I went in and asked if they had a particular item... they said they didn't know what it was.... then that they didn't have it.... then I went and picked it off the shelf and showed it to them.... lol

    10. Re:Big Box "Repair" Services by JobyOne · · Score: 1

      Actually, a decent honest mechanic often *will* run such a quick diagnostic for free. Just last week our mechanic pressure washed my girlfriend's engine as part of troubleshooting some smoke coming off it. They didn't charge a dime for that, and in fact said "it was just some oil on the exhaust manifold, it's fine" because they know that by telling us the truth and not nickel and diming us they'll earn our trust and respect and we'll come back when we really need them. Maybe you need to find yourself a mechanic who treats you like a human being.

      I failed to mention that I had already tried that supply on a different machine, but didn't have another one modern enough to run that particular new motherboard. I was 99% positive that it was busted, but just wanted to make *extra* sure before I RMA'd it. You kind of come off as an ass for your assumption that anybody who doesn't have piles of unused hardware laying around is definitely just some weak-sauce l33t haxx0r. I'll have you know I actually know rather a lot about hardware, and that particular box is still my only desktop 5 years later.

      You say "bleeding edge" like self-assembled machines are inherently worse, but not only is it still my only desktop 5 years later, but since I got a new video card recently it still rivals the high end OEM machines that today still cost twice what it did 5 years ago. It has no windows, and no blinking lights - just a black rolled steel case with a power light and an HDD light. It's a well built, flawlessly functioning machine that I wouldn't trade for anything a big manufacturer makes, even today.

      Helping customers who come in trying to decide if they need something is called "customer service," even if helping them involves analyzing (maybe with a tool?) their current situation. Businesses that practice this "customer service" tend to stay in business. Have you noticed the lack of big box stores in the world these days? There might be a correlation between that and their propensity for dishonest sales tactics.

      That salesman probably assumed exactly what you did: "here's some dumb gamer geek in over his head, I bet I can dick him over." All that elitist BS got him was the loss of a sale (even a small one) that day and of a customer for life.

      --
      Porquoi?
    11. Re:Big Box "Repair" Services by the_raptor · · Score: 1

      Why would a "technician" need to go to another random "technicians" business and borrow a tool AND be a repeat customer?

      I fully believe that providing quick solutions like this is good for customer retention* in general, but that is for customers not for "technicians" that just want to borrow my tools and interfere with me working.

      * My previous employer didn't, which is why I got out of tech support for a few years.

      --

      ========
      CINC, 4th Penguin Legion
    12. Re:Big Box "Repair" Services by the_raptor · · Score: 2

      "My mechanic" is different from "random mechanic". If you walked in off the street and asked a random mechanic to let you borrow some equipment for a quick test most of them would tell you to piss off, so I don't see why you expect computer technicians to be any different.

      The point I was making was that guy had no reason to think you were a customer. Ask anyone in retail these days and they will tell you most of the people in the store aren't customers. They come in to look at products, try them etc, and then go home and buy it on the Internet.

      Personally I would have tested the PSU for you, but that is because I am a nice guy with no "business sense". It is also why I got let go from tech support when the GFC hit.

      P.S. And no my use of "bleeding edge" didn't imply self-assembled machines are inherently worse. It implied that "bleeding edge" machines are inherently unstable via the fact they are at the bleeding edge. Gamers often build rigs that deliberately push components past what they are spec'd for (eg I am running over clocked and over voltage RAM).

      P.P.S I enjoyed my time in tech support mostly when the boss was away and I could help people with quick jobs without having to check a machine in.

      --

      ========
      CINC, 4th Penguin Legion
    13. Re:Big Box "Repair" Services by SleazyRidr · · Score: 1

      I mean would you go into a random automotive mechanic and ask to borrow their testing equipment because you think you know what is broken in your car?

      Pretty much, yeah. Whenever the check engine light comes on, I take it down to Autozone and the man comes out and plugs his machine in and tells me the code. Doesn't charge anything to do that, sometimes I decide to buy the parts I need from there, other times I need to take it to a mechanic, but if they didn't give me that service, I'd probably go somewhere else.

    14. Re:Big Box "Repair" Services by asylumx · · Score: 1

      I have had almost the exact same experience at a small-box store. Turns out these places hire college kids for ~$10/hr and you don't get experts when that is your talent pool. On top of that, these are private companies and are ALWAYS interested in making a buck, so they "train" these kids in such a way that if they get to the end of their knowledge, they will try to upsell you instead of admitting it.

      Sure, Best Buy/Geek Squad is guilty of it, but this situation isn't nearly as unique to them as so many /.ers would like us to believe.

      BTW, check out a local university's tech support group for some real smart people. They aren't generally trying to make commission or extra $$ for the college, so they will probably be much more honest with you.

    15. Re:Big Box "Repair" Services by Anonymous Coward · · Score: 0

      Wow if you walk into my shop for a quick test like that, I'll remember to tell you to go get fucked. We test things like this for free if someone brings it in and asks. Never has someone proceeded to argue with me for the free service. It's a $40 charge normally for any diagnostic service rendered no matter how long it takes. You make think that's a rip off, but my tools and knowledge aren't free. You sound like an arrogant ass. Why didn't you have your own voltmeter since you're such an uber fucking geek?

      A number of things could have been wrong if you were building the system. Faulty motherboard, faulty power switch, switch hooked up backwards, switch not hooked up to correct header, etc. Last two couldn't possibly apply because you know so fucking much that you need someone else's meter.

      Of course, I'd probably take your "faulty power supply" and drop it in a spare computer laying around and start it right up before telling you to get fucked.

      And you know, it may have very well been a bad power supply. We don't know, and I suspect we never will. But your completely arrogant post where you demand free service, get it, and then argue with the tech -- and then get modded +5 Insightful just sickens me.

    16. Re:Big Box "Repair" Services by rdnetto · · Score: 1

      If they had the balls to try and pull that shit on somebody like me, who comes in sporting a geek beard, holding a very fancy power supply and knowing at a glance which of their tools I need to borrow for 15 seconds...

      What exactly is a geek beard?

      --
      Most human behaviour can be explained in terms of identity.
    17. Re:Big Box "Repair" Services by Anonymous Coward · · Score: 0

      This guy did not ask to "borrow" the tool at all, he asked them to use a specific tool on it.

      I'm a network tech. If somebody complains "My network connection doesn't work", I will check their PC is plugged in, check that the patch cord is in at the other end, the switch is powered on and working, then pull out the fluke meter and scan the cable. And continue on until either I fix the problem or I decide to pass it on to somebody else. Then I send them a bill.

      If on the other hand, somebody asks me to use the fluke tester to verify that the cable is good, I will happily do that. Then send them a bill (probably for less).

      If I were to insist on doing the former when they asked for the latter, I'm sure they would find somebody else to pay money to.

    18. Re:Big Box "Repair" Services by Viperpete · · Score: 1

      I agree with your point about a random auto mechanic not allowing you to use his or his employers equipment. I work on cars and computers and other things regularly and if some random person asked to use my equipment to test their stuff, I would feel they were wasting my time, but I am trying to sell a service and I make no money on replacement parts. But, most auto parts stores (even ones with service sections) will test batteries, alternators and starters for you for free if you remove the item from your vehicle and bring it in to the store. I have never brought a starter motor into a parts store/service station and had them tell me to put it back into my car and to bring the car in for their mechanics to test it.

      Circuit City/Best Buy have more in common with auto parts stores with service sections than with a repair only auto shop.

      Personally, I think it is foolish for a business that sells component/replacement/upgrade parts, which only pros, semi-pros and hobbyists are going to purchase, to not attempt to ingratiate themselves with these persons. In all likely-hood, if a person brings in a component part and it tests bad, that person will purchase a replacement from that same location as long as it is available, besides, these are the same people that are going to make more purchases of repair parts than any other demographic. If they are not interested in this demographic, then they should not waste their floor space with repair parts at all.

      --
      loose: not fitting closely or tightly != lose: to suffer the deprivation of
    19. Re:Big Box "Repair" Services by Aereus · · Score: 1

      I always take pleasure in seeing if anyone is looking at the AV cable section at Best Buy and informing them they can get them online for $4 instead of $40.

  34. Argument over t-shirt logo too... by Anonymous Coward · · Score: 0

    BestBuy was also pissed off at Newegg for creating their "Geek On" t-shirts which used the power/standby symbol ( see http://en.wikipedia.org/wiki/Power_symbol) defined in IEC 5009.

    BB claims it violates their Geek Squad logo which alters the IEC 5009 image to change the vertical line to be a necktie, symbolizing the Geek Squad black tie look they use.

    Geek Squad used to be good back when it was its own company, before they sold out to BB. Now since every couch potato fool thinks they are a systems technician - and BB willingly hires them - they aren't nearly up to the level they once were.

  35. Who's Next? by Anonymous Coward · · Score: 0

    I rather say Greece. As, if your from Greece your Greek. Remove the 'R' from Greek and you are left with Geek!, How dare a country steal an american store's trademark!

    Its just BRUTAL! xD

  36. Heather Chandler said it first in 1988. by Anonymous Coward · · Score: 0

    If you haven't seen it, go watch Heathers. One of my favorite films.

  37. Re:Geek Squad is a sales forces with real techs pu by AJH16 · · Score: 1

    Maybe it's changed in the last two years, but when I bought a laptop at Best Buy (they actually had the best deal around) all they had left was one with Geek Squad stuff already installed. Since I didn't need or want the software, they simply changed the SKU for me and asked me to remove the software.

    --
    AJ Henderson
  38. WorstBuy don't have geeks... by Lead+Butthead · · Score: 1

    They have geek squatter. They squat on the geek name, but are not even qualified to plug in power cables.

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
  39. A geek by any other name... by JockTroll · · Score: 0

    ... Is still an unattractive, noisome and irritating piece of shit. Seriously, who in their right mind would entrust his belongings to an outfit called "geek squad"? I'd call them just to bash their heads into a wall, steal their lunch money and force them to eat dog feces.

    --
    Geeks are so full of shit that "beating the crap out of them" takes a whole new meaning.
  40. Corporate citizenship should be ended. by efinAVguy · · Score: 3, Insightful

    Best Buy and the Corporate World in general should not be allowed to steal common words. Dumb just like patents that last forever. I would think 25 years should be plenty. Holds back invention and competition as it is.

  41. Geek Squad? Please, You mean Freak Squad? by Anonymous Coward · · Score: 0

    I own a small computer store and the stories I have heard
    from my customers about the Geek Squad and their
    experiences with them makes me wonder how they are
    still in business. I get over 50% of my business from word
    of mouth since everyone likes my service and pricing and
    my business keeps growing. Wouldn't it work the same way
    but to the negative if everyone complained about pricing and
    service? Wouldn't you eventually go out of business? Not one
    of my customers has anything good to say about the Squad.

  42. doing it wrong . . . by cashman73 · · Score: 1

    Being that the term "geek" is somewhat of a generic term, I thought the proper legal method here would be to do what the Science Fiction Channel did a few years ago, and redefine their brand as "Syfy". So you could rewrite "geek" as "geak" or "geke",. . .

    1. Re:doing it wrong . . . by Skapare · · Score: 1

      They could use "goof" instead. But when has corporate every told the truth?

      --
      now we need to go OSS in diesel cars
    2. Re:doing it wrong . . . by BillX · · Score: 1

      ...or they could use 'geek', as it is a generic term.

      --
      Caveat Emptor is not a business model.
  43. News for Geeks by zanian · · Score: 1

    Good thing it's news for nerds over here.

  44. Geek Squad pffft by Cito · · Score: 0

    Best Buy's geek squad are absolutely clueless. I've had the misfortune of dealing with 2 seperate best buy's and both "geek squads" didn't know their ass from a hole in the ground. The typical responses from "geek squad" are reboot, reboot again but wait 20 seconds while it's unplugged then call back. if you ever do bring it in they keep it for few days, then say "we had to send it to manufacturer for repair" or "we can swap it for something else" with something else being a lower powered item they blame inflation for not swapping for exact item. And screw em, if anyone wants to use the term geek in advertising in response to their support I see absolutely no problem. And newegg is 1000x far better than best buy will ever hope to be. and cheaper.

    1. Re:Geek Squad pffft by luther349 · · Score: 1

      they cant blame inflation for stealing your better hardware. if its warrentyd they have to swap out for the same and if they dont have the same the next one up. if they try to give you a lessere unit tell them to fuck off and reutrn your shit. if they dont call the cops at that point its theft.

  45. Another defendant by ThatsNotPudding · · Score: 1

    will be the Greek nation. However, Best Buy may instead opt to buy them out for 200,000 Euros.

  46. Comment removed by account_deleted · · Score: 4, Informative

    Comment removed based on user account deletion

  47. Re:Geek Squad is a sales forces with real techs pu by speculatrix · · Score: 1

    I bought my daughter a laptop from bestbuy on a special offer; I had to leave the laptop with them to deinstall the crapware they they otherwise wanted me to pay for; I told them to please just use the OS recovery disk and wipe it clean which would be faster and cleaner, but they insisted on deinstalling.

    So, went back much later, collected the laptop, saw it still had crapware on it but in evaluation mode, so wiped it flat.

  48. Good small service shop in LA (CA) area by FredK · · Score: 1

    HTTP://www.lapcfixer.com/
    I have no connection other than being a very happy customer.

  49. more like the ticket window people are the trainer by Joe_Dragon · · Score: 1

    any College / tech school is better the geeks at best buy as all best buy wants are people who can sell.

    So the Best Buy equivalent would be if you went to the Circus is that the new trainer is the ticket guy who up sold the most VIP setting upgrades or the guy with the beat concession stand sales.

  50. Biting Heads Off Chickens by Anonymous Coward · · Score: 0

    A 'geek" was actually a circus performer who bit the heads off of chickens. http://dictionary.reference.com/browse/geek

  51. Re:Geek Squad is a sales forces with real techs pu by Stone2065 · · Score: 1

    Should have done that in the first place, or just put a Linux distro on it. When I got my wife a small netbook a few years ago, after less than a year, the XP install started to tank, so I put the Remix version of Ubuntu on it (8.x version, I don't remember), and I couldn't get get a non-Linux distro now on her machine now if I paid her. She does a lot of stuff on it that a student would I'm sure, writing, creating recipe databases, etc. She doesn't handle the updates well, (she still trusts ME to be her "tech support" on it) but other than that, she loves it. Speed was the major bonus for her, plus the stability.

    Just saying, not looking for flamebait here.

    --
    Stone
  52. geek squad is trade marked not geek by Anonymous Coward · · Score: 0

    Thats whats wrong with America.
    You give a inch and somehow they get a mile. It has to stop.
    If not someone is going to get killed.
    That someone is America. Were not in enough decline for you fucking assholes who do this.

  53. We prefer Nerd by macbeth66 · · Score: 1

    Geeks bite the heads off of chickens. I'd rather be a member of the Nerd Herd than the Geek Squad.

    Of course, if you throw Yvonne Strahovski into the mix, I don't think anyone would pick geek over nerd.

    2 cents...

    1. Re:We prefer Nerd by antdude · · Score: 1

      Yeah, there are tons of hot women. Even spies over there. I wouldn't mind working there either. ;)

      Too bad they're not hiring according to http://www.buy-more.net/store-info/ ... :P

      --
      Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
  54. Prior Art? by Anonymous Coward · · Score: 0

    Does "prior art" apply in trademark cases?

    I would be very surprised if "Geek Squad" was the first company to offer computer and tech support services with the word "Geek" in the company name.

  55. When are they coming after me? by Anonymous Coward · · Score: 0

    I own the domain geekbiker.net, currently only used for email. So should I expect them to try to sue me?

    Their geeks are incompetent and only give the name geek a bad name. I've already told all my friends to never, under any circumstances, let Best Buy touch their computers.

  56. Best Buy by slapout · · Score: 1

    Best Buy want to trademark a word that means 'fool' or 'crazy'. Sounds about right.

    --
    Coder's Stone: The programming language quick ref for iPad
  57. Maybe I'll start... by Chris+Mattern · · Score: 1

    ...a Pencil-Neck Geek Squad! Fortunately, Freddie Blassie is dead now...

    1. Re:Maybe I'll start... by sharkey · · Score: 1

      Sell it to the circus, what the heck!

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
  58. MISS USA by synapse7 · · Score: 1

    I saw google news headline stating the next Miss USA is a big Geek, Best Buy better hurry and hit that, I mean sue.

  59. Buy More's Nerd Herd by antdude · · Score: 1

    I assume Best Buy won't sue Buy More for its Nerd Herd that mocks Geek Squad. ;)

    --
    Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
  60. Let Best Buy know how you feel by emaname · · Score: 1

    Everyone should send this message to Best Buy.

    "I refuse to shop at Best Buy even though I consider myself to be a 'GEEK.' So sue me."

    --
    An effective "democracy" creates the illusion the people have a say in their government.
  61. BB is still good for something... by mathfeel · · Score: 1

    Window shopping then go place order on NG.

    --
    The only possible interpretation of any research whatever in the 'social sciences' is: some do, some don't
  62. re: minimizing profits by King_TJ · · Score: 1

    All I can say is, their policies are GREAT for the "little guys" trying to compete with them, like myself. I do on-site service calls and consulting work for both Windows PCs and Macs as a side job (evenings and weekends, mostly). My total "advertising budget: probably averages around $800-1000/yr. since handing out business cards and word-of-mouth referrals are the most effective tool I have.

    I'd say a good 50% of the calls I get are from people needing a virus or malware removed, and another 10%-20% are for other issues, but wind up involving some of that before everything's completed. (EG. User says their old PC was getting too slow, so they bought a new one, and now they want help getting all their stuff transferred over. Turns out the old machine WAS slow and needed replacing, BUT it also had some malware on it and the files really need to be virus scanned before moving them to the new system.)

    Anyway, I currently bill at $75/hr. with a 1 hour minimum charge, and bill in 20 min. increments past the first hour. Most of the time, I can get a customer's machine all cleaned up within 1-2 hours or so, but that includes me running a full scan with a tool like "Malware Bytes" AND looking everything over manually -- checking things like the "Task Manager" to see which processes are running, and peering at what's in the "runonce" and "run" keys of the system registry. That also includes me verifying that everything is ok after everything appears to be removed, because automated removal tools don't always leave everything configured quite right after the malware is deleted. (Some malware will modify your Internet settings, for example. Perhaps the malware configured it to go through a proxy, and the trojan horse that USED to serve as that proxy is now gone -- so they just get "page not found" when launching IE....)

    Other times I've had situations where the entire documents folder for the user appeared to be gone after the virus was cleaned up. It turned out the files were hidden and compressed up by the virus, and a command line tool had to be located that could unhide them and decompress them back to their original locations.

    Point is ... when doing this stuff, there's no substitute for hands-on interaction and observation of what the system is doing, by someone with a little knowledge about all of it. Even if the GeekSquad people run their automated tools and bill the customer $150 or so, vs. me billing that same $150 or so? My job is more thorough and less likely to result in complications for them afterwards.

    Even in a "worst case" scenario where I wind up electing to do a backup, format/re-install, and restore for a customer? Yeah, my rates may wind up running them as high as $350-400 ... but again, it's not some sloppy Best Buy definition of a backup. (I actually go through and delete the junk they really never intended to keep in the first place, like all those .tmp files in folders, or the duplicates of files they accidentally made when they did a drag and drop by mistake and created a copy with a (1) at the end of the filename. And I make sure ALL the available updates patches are applied before I declare it "finished". Adobe Acrobat Reader or Java or iTunes has updates? Yep... I do them all for them.)

    My goal is to give them back a computer that's in some way running BETTER than what they had before they encountered the problem that caused them to call for service. Most people have a LOT of junk on their machines they don't want, but didn't know how to remove. A little time spent in the Add/Remove Programs part of the Control Panel while talking with them can do wonders.

  63. Re:How rentally metarded is that? (my rant) by burning-toast · · Score: 1

    Actually, they bought out another company called "The Geek Squad" which did on-site and in-shop computer repairs (and had a good reputation) based in the Minneapolis suburbs of MN. Years ago I worked at their pilot store (Minnetonka MN) when they did their first store roll-out. I came in from another on-site service company based elsewhere right after the initial buy out. This was during the time when they were still getting their investors drummed up over rolling it out nation wide. The company brand name and trademark definitely existed before Best Buy bought it.

    A bit of history:
    Best-buy had a terrible track record for their service and returns department prior to the purchase of the Geek Squad. It was commonly filled with CD sales and inventory workers (flunkies) and no one had any real training... Meanwhile, The Geek Squad had an excellent track record in the Minneapolis area. Best Buy put 0 and 2 together and figured they would improve the service at their stores by modeling after The Geek Squad (that is where the VW Bug thing started from, that came along with the purchase as the original Geek Squad did that and were in-fact called "agents").

    My co-workers at the initial store were competent and knowledgeable (for the most part, there was about 10-15 of us there)... and many were "agents" of the original company for a while and during the initial trial the original "Geek Squad" guys were doing the on-site work still while we did the in-store work. We had people with computer diagnostic and repair backgrounds working at our bench separate from the people doing sales. They paid us crap but we could still turn around most computer repairs short of hardware replacements within about 24-48 hours or so in-store. Corporate was in love with that (for a bit) and our profits at the main store surged because it worked well. Then they wanted us to take it national, and our department had many people sent out to different cities to train their existing service departments on the new procedures and introduce brand awareness. I went out to another location as well, but I'll withold further details so as to remain at least partially anonymous.

    The people we trained at stores after that were terrible (the previously mentioned flunkies) and corporate "sales" based programs and rules (and hiring practices) de-emphasized good technicians in favor of procedures to dupe as many people as possible into buying shit like ISP programs and OS / Motherboard re-installs. No one really needed that crap but corporate measures the success of their store's service by their "Attachment rates" of services per customer, not customer satisfaction. Internally, the service departments are ALSO rated by their sales figures. So they pushed that sales crap in order to fill the knowledge gaps of the people doing the work... leaving it to be flip-chart diagnostics at it's worst.

    In addition to that "the management" found it completely acceptable to fill temporary staffing gaps at the computer repair desk with people from CD / Media, cashiering, inventory, etc. They expected us to teach these people how to diagnose computer problems (with no relevant computer skills) just for the days when we were short handed (happened regularly). On top of that, we had to keep our sales attachment rate up or we would be negatively reviewed as a department (and individually)...

    Being competent and having morals and understanding that people were bringing me machines they couldn't really live without, I did not sell people the garbage services (like AOL / Earthlink or needless OS reinstalls and motherboard replacements) which means I was later terminated under the guise of being late to work by less than 15 minutes a whole whopping twice over a 1 yr period. This even considering than between myself and one other guy who came from the main investor store were able to take the average repair times from over 430th in the company to less than 150th in the company in less than 4 months while losing 2 other staff members of our department in

  64. why bother by luther349 · · Score: 1

    geek squad is a term the pc world hates. great call in a bunch of kids not even out of high school with no exp working on pcs to run a vires scan and tell me a need a new pc and charge me 200$ to say it no thank you.

  65. Re:Geek Squad is a sales forces with real techs pu by speculatrix · · Score: 1

    unfortunately there's software she needs to run which isn't available on linux. for my mother, who's decided to get online, I set up my old laptop with ubuntu, and it connects to my home server over openvpn so I can log in to manage it as necessary.

  66. I Personally buy from BestBuy when by ideaz · · Score: 1

    the Amazon price >= BestBuy. Oh yeah there is definitely the CA tax factor, but in some cases its well worth when I get to use the product almost instantly (vs Amazon 2-day prime)...

  67. Re:Geek Squad is a sales forces with real techs pu by Anonymous Coward · · Score: 0

    There's always WINE.

  68. Their sales tags are worthless too by Anonymous Coward · · Score: 0

    What's ironic is, their info cards in the computer section are also completely useless. At best they might list whether it has an Intel or AMD CPU, but basically no other relevant info is on them anymore. I tried to help my less technically adept friend pick out a laptop in his budget range last month, and I wouldn't have been able to tell him the difference if I hadn't looked up some of the model numbers. Even just finding out if it had integrated or discrete graphics was a chore.

    Whether that is just incompetence or intentional I can't say for sure. But if I had to make a guess -- I would say they intentionally leave them cryptic so people are forced to ask the sales person who can then try to up-sell them other stuff.