Court Rules the "Google" Trademark Isn't Generic
ericgoldman writes Even though "googling" and "Google it" are now common phrases, a federal court ruled that the "Google" trademark is still a valid trademark instead of a generic term (unlike former trademarks such as escalator, aspirin or yo-yo). The court distinguished between consumers using Google as a verb (such as "google it"), which didn't automatically make the term generic, and consumers using Google to describe one player in the market, which 90%+ of consumers still do.
...then I'll just have to start calling it the googley.
But how long until googling becomes the standard term for any web search? It is conveniently shorter, after all. And probably more specific, since search engines sometimes search stuff not directly on the web.
Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
But I don't use the Yahoo google or the Bing google to google things. I use the Google search engine to google things.
I use the Bing search engine to google porn.
Hey I'm just here to warn you! Don't get scroogled! Use Microsoft Bing for all your search needs! Why just the other days I Binged for some tips on my Microsoft Xbox One home entertainment system with Kinect and I got a high score!
This message brought to you by MS's laughably inept advertising department.
You might even say this opens windows into trade mark law.
For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
Just wondering...
Generic doesn't begin to describe it.
Nice try..
Who was it?
Apple, M$? Some other vested interest?
In any case, people know exactly what you are saying when they refer to "Googling".
And it ain't Bing!
Maurice W. Hilarius Voice: (778) 347-9907
I'm shocked -- shocked! -- that Google isn't another generic Silicon Valley company.
Technically Binging was Googling it, remember Bing copying Google search results?
I'm going "web surfing"
I'm "webbing"
I'm "ISurfing"
I'm "ISearching"
I'm gonna "websurf"
I'm goona "netsurf"
I'm gonna "netsearch"
I'm gonna "webnet"
I'm gonna boomboom
I'm gonna webbels tonight
or like clueless non-IT old people: I'm gonna "internet"
We had this conversation on a thread not long ago, but the consensus was the brand of a new product that garners the biggest market share stands the best chance of eventual induction into the Generic Hall of Fame.
It's self-evident your product was marketed FTW if your competitor's customers ask for your product's nickname when they shop. My personal example is when I one and a hundred zeros some random information I need to look up.
Happiness in intelligent people is the rarest thing I know.
Ernest Hemingway
I really cannot stand when people use a company name to refer to doing something. I would go so far as considering that person to be a royal douchebag if they speak in such a manner.
Xerox it.
Give me a kleenex.
Google it.
What kind of jackass talks like that rather than say "search the net", "make copies" or "pass me a tissue." Unless you are heavily invested in those companies you sound like a brown noser.
Let me Xerox off a few examples of when similar Noun/Verb phrases lost their trademark in the past
Before Xerox came out with the photocopy machine which uses plain-paper for duplicating purposes, were there any such machine on the market?
No?
Before Google was online, was there any online search engine?
Yes!
Yahoo, Astavista, ... amongst others
Coke gets to retain its trademark precisely because Coke wasn't the first mass-marketed bottled soft drink either
The one big problem with Yahoo is it cluttered up its interface - even from the start we users already complained about their interface, but they just won't listen, and when Google came out with its back-to-basic minimalist interface users flocked to Google (including me) and since then the only time I go to yahoo is when I need to log on to my yahoomail account
Muchas Gracias, Señor Edward Snowden !
As a pedant, I'd like to note that aspirin did not become a generic as a result of its mass usage nor as the result of a court case, but was part of war reparations with Germany. See here for more detail, or just google it :-)
http://www.youtube.com/watch?v=AjbTHFJf6FE
It's like Bing said in a meeting, "I know we provide a ridiculously inferior product as it is, but let's make it even worse arbitrarily excluding things we don't like. The only reason Bing isn't being sued for antitrust is that no one actually uses it.
"
FTFY!
If you do not like it then you can just Ford it!
Facts, are facts: I wonder just how MUCH that's worth to them as those are MY initials & I was out here doing software BEFORE there was a "Google" or their "Android PacKage" even EXISTED for Pete's sake (governmental documents with seals prove that much on my birth certificate).
APK
P.S.=> Yes, I have always wondered about that - any thoughts from "the peanut gallery" here? apk
Now days it would be more like "Let me Konica-Minolta off a few examples" or "Let me Canon off a few examples".
"... only Google is called Google."
That's a trade name, not a trademark. "Google" as a trademark/service mark would be "GOOGLE (brand) internet search services" or "GOOGLE DOCS productivity software" or "GOOGLE electronic mail services".
That's really interesting how companies expend such huge efforts to make their brand a household name, and then they say they still want to own it for themselves exclusively. For example, so many people talk now about iphones, ipads and ipods as generic terms. That's sort of good for the vendor, but then when it really does become a generic term, they bring a ton of legal bricks down on anyone who does use their name generically. In other words, heads we win, tails you lose.
Another really evil example is "windows", which used to be a generic term, e.g. for the X window system. Microsoft continually tries to use words out of the dictionary to get "mind-share", and then they sue people who use their chosen dictionary words as they had existed for centuries. (The word "windows" comes from old English meaning "wind-holes". Maybe that's not what they really want you to think about though.) In my opinion, it is truly pernicious that so many companies are trying to steal words from the dictionary and pretending they own them. They should be obliged to invent their own words.
In this case, Google did at least get a nonsense word and slightly change it. I still have a children's book published in 1961 by Wonder Books: "The how and why wonder book of mathematics" by Esther Harris Highland and Harold Joseph Highland, where on page 4 it says: "What is a googol? It is 1 followed by 100 zeros. It is a number so large that it exceeds the number of raindrops that would fall on New York, Los Angeles and Chicago in more than a century. Yet, it is smaller than infinity." In the Introduction on page 2, they say: "If you wanted to find a googol, where would you look? In a zoo? Through a telescope? In a deep well? No, you would look in a mathematics book." Well, at least Google does seem to have changed the spelling a bit, which is to their credit.
1 is a googol. Just because S&B misspelled it doesn't mean you need to
That should have been 1(100 zeros)
tell em to go bing that crap..
there is a old children's book that has a phase "...that magnificent google bird..", or something very similar and that it is far older than the company Google. How do I know this? It was one of the books scanned by Google's book scanning project. I wish I had a direct link to prove it but I don't at the moment, sorry.
Oh well there is a nice treasure hunt for you. The book was illustrated and the page with that phrase had a drawing of a man and a large bird such an an ostrich.
Most people use iPad as a generic term [citation needed] nowadays.
I mean, specifically GO TO FUCKING GOOGLE.COM and use the search engine there. Not Bing, not whatever else, and especially not your "ask.com" tool bar that infected your computer. GOOGLE. Nobody uses it generically, they all mean specifically go to Google to search. It's you retards that don't know how to search that think we mean something else.
Kardashian is still not a trademark..
People say they need a Kleenex and grab a generic brand facial tissue. Few people say they'll "Google" something then proceed to use Bing.
Looks like the plaintiff in the case is one David Elliott, who owns the domains "googleDonaldTrump.com" and "googlegaycruises.com" (maybe others as well? I don't know...). Getting rid of spam URL's like these should improve the overall Internet.
See subject & prove it, 1st of all. Secondly, stop putting words in my mouth I never said: Where have I EVER said hosts cure AIDS & raise the dead? Show us that too.
Fact: You can't.
I only post where they apply on topic (unless a dimwit do-nothing ZERO in the field of computing such as yourself sounds off on them). You're also welcome, @ ANY TIME to prove those points I post on hosts wrong... Which clearly, you can't (based on your effete off topic bullshit now).
APK
P.S.=> Pitiful little dorks like you make me laugh... apk
See subject line above & this -> http://yro.slashdot.org/commen...
APK
P.S.=> Pitiful little "ne'er-do-well" trolls on /. DO make me laugh... apk
Show us you've done better than apk did then. You can't can you? You're pitiful.
My FREE hosts program adds speed, security, reliability, & more, by doing more, more efficiently vs. addons + fixes DNS' issues:
APK Hosts File Engine 9.0++ 32/64-bit:
http://start64.com/index.php?o...
---
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4.) Anonymity (vs. dns request logs + dnsbl's).
---
* Hosts do more w/ less (1 file) @ faster levels (ring 0) vs redundant inefficient addons (slowing slower ring 3 browsers) via filtering 4 the IP stack (coded in C, loads w/ os, & 1st net resolver queried w\ 45++ yrs.of optimization).
* Addons = more complex + slow browsers in messagepassing (use a few concurrently & see) & are nullified by native browser methods - It's how Clarityray's destroying Adblock.
* Addons slowup slower usermode browsers layering on more - & bloat RAM consumption + excessive cpu use too (4++gb extra in FireFox https://blog.mozilla.org/nneth...)
Instead, work w/ a native kernelmode part - hosts (An integrated part of the ip stack)
APK
P.S.=> You challenged my points on hosts? Bullshit - you trolled: Prove those points above wrong instead (you can't & you know it) - you ARE nothing in computing... apk
Are you a licensed degreed psychiatric pro w/ a formal diagnosis of apk's alleged mental condition given in a professional psychiatric environs, according to you, the "SiDeWaLk-ShRiNk of /." complete with your own 'delusions of grandeur' @ being a psychiatric professional with years of experience
OR
Are you merely projecting your own inadequacies and failings onto others again as usual for a failure in life like yourself again? Yes, clearly.
* CLUE: If you don't have the degree, the license, and years of hands on practice in the psychiatric sciences, you are libeling me, dolt.
Wannabe shrinks like you are truly, pitiful. What's more pitiful is that you ARE a zero in computing...
"I challenged your beloved hosts files" by dave420 (699308) on Wednesday September 17, 2014 @08:17AM (#47925609)
No you didn't: You were an off topic troll - but I have the CURE for that too, see below (prove my points wrong) & here where I am CHALLENGING YOU, you little "ne'er-do-well" done ZERO in computing libelous little fool -> http://slashdot.org/comments.p...
APK
P.S.=> Of course, you also cannot prove my points on hosts wrong validly & technically either - so yes, I know it's fair to say you are a ZERO in computing as well! apk
See subject line above. You can't even show a damn thing for yourself. APK can. You fail. Failing is not an effective debate technique little troll dave420. Neither is being a "ne'er-do-well" like you are.
Can adblock do the following things (that custom hosts files can):
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"?"
* Simple YES or NO answers will do for repliers to this - that's all.
APK
P.S.=> Of course, ANSWER ="NO" to each enumerated item above as far as "Almost ALL Ads Blocked" (crippled by default & 'souled-out' defeating it's very base purpose) is concerned -> http://techcrunch.com/2013/07/...
So, *IF* you feel like doing things LESS efficiently as well -> https://blog.mozilla.org/nneth... ontop of doing less than hosts do (by far) with more complexity + from a slower mode of operations (usermode with more messagepassing overheads vs. hosts in kernelmode, also starting up w/ the IP stack itself, before REDUNDANT inefficient addons even BEGIN to operate, & as the 1st resolver queried by the OS as well)?
That's illogical, but up to you - I can lead a horse to water, but I can't make them drink!
... apk
You avoid answering a simple question: Are you a professional psychiatric pro. If not (and, you're not), you fail #1...
(Typical "ne'er-do-well" troll dave420: Using the stale old calling others crazy crap - predictably he can be counted on to do the WRONG thing, & fail as always vs. myself).
APK
P.S.=> Lastly - You also fail in showing you've done more or better than myself in the computer sciences ( fail #2 )
and
You CERTAINLY CAN'T PROVE MY POINTS ON HOSTS WRONG either for fail #3, lol...
Thanks!
(For making ME look GOOD, & yourself, by way of comparison? Well, lol - "not so good") - You fail (triple fail in fact)...
... apk
See subject-line above, & paying ads DON'T get served on the SAME site (advertisers do NOT trust webmaster counts is why) - this IS the REAL WORLD - yours is fantasyland!
Additionally (per my subject-line above):
You didn't disprove 15 facts here http://yro.slashdot.org/commen... in favor of hosts.
"Argue with the numbers" as the saying goes.
APK
P.S.=> You destroyed yourself, fool... apk
On your part dave420? You're not one and unqualified to judge anyone and your stale calling others crazy illogical ad hominem attack methods aren't valid in debate and ineffective. We do see you destroyed by apk here though http://yro.slashdot.org/commen... totally in a 15:1 ratio of odds against you (argue with the numbers).