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."

Comments

Typical

[MikeB0Lton]

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

Re:Typical

[Quiet_Desperation]

It was ruled false advertising.

Re:Typical

[Mathinker]

> 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.

Frankly...

[fuzzyfuzzyfungus]

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"...

Re:Frankly...

[Scragglykat]

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.

They Tarnish the name "Geek"

[MoldySpore]

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.

Re:Use in Commerce

[Theaetetus]

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.

Re:Use in Commerce

[bluefoxlucid]

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.