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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."

8 of 317 comments (clear)

  1. 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 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.

    2. 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.

  2. 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.

  3. 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
  4. 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.

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

    Comment removed based on user account deletion

  6. 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.