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Supreme Court Asked To Nullify the Google Trademark (arstechnica.com)

Is the term "google" too generic and therefore unworthy of its trademark protection? That's the question before the US Supreme Court. From a report: What's before the Supreme Court is a trademark lawsuit that Google already defeated in a lower court. The lawsuit claims that Google should no longer be trademarked because the word "google" is synonymous to the public with the term "search the Internet." "There is no single word other than google that conveys the action of searching the Internet using any search engine," according to the petition to the Supreme Court. It's perhaps one of the most consequential trademark case before the justices since they ruled in June that offensive trademarks must be allowed. The Google trademark dispute dates to 2012 when a man named Chris Gillespie registered 763 domain names that combined "google" with other words and phrase, including "googledonaldtrump.com."

30 of 196 comments (clear)

  1. bullshit by Anonymous Coward · · Score: 5, Insightful

    to google means to search on google.
    I don't know what kind of morons this guy talks to, but I never hear people say google when they mean bing, or yahoo or whatever.
    The verb for those is "search".

    1. Re:bullshit by Archangel+Michael · · Score: 5, Funny

      Bing
      Is
      Not
      Google

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    2. Re:bullshit by UnknowingFool · · Score: 2, Funny

      What is this "Bing" that you speak of? I'm pretty sure no one on the Interwebs has ever heard of it. :P

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    3. Re:bullshit by gstewart · · Score: 2, Insightful

      It is bullshit, but the reason is because the verb "google" was derived from the trademarked search engine called Google that was the most popular (and functional) of all search engines back in the early 2000's.

      And, I know far too many people who use the blanket verb "google" regardless of the engine they use to do it with.

    4. Re:bullshit by ShanghaiBill · · Score: 5, Interesting

      to google means to search on google.

      Indeed. I have never heard anyone say "Google it with Bing" except as a joke.

      Nitpick: TFA claims that the trademark for "aspirin" was lost through generic use. This is wrong. Bayer was forced to abandon the trademark because Germany lost the First World War. Bayer also lost the trademark to "Heroin".

    5. Re:bullshit by ShanghaiBill · · Score: 5, Funny

      I've heard "Just google it on bing. Works a lot better."

      I doubt it. I have never heard anyone say that Bing "works a lot better".

    6. Re:bullshit by TWX · · Score: 5, Informative

      Isn't that that great porn search engine, where it will offer raunchier and raunchier suggestions as you keep clicking through them?

      I'm asking for a friend...

      --
      Do not look into laser with remaining eye.
    7. Re:bullshit by EvilSS · · Score: 5, Funny

      Bayer also lost the trademark to "Heroin".

      Well that turned out to be short sighted. The war on heroin would be over today if Bayer could go after street dealers for trademark infringement!

      --
      I browse on +1 so AC's need not respond, I won't see it.
    8. Re:bullshit by UnknowingFool · · Score: 2

      Can it tell where I can get some good midget porn? Asking for a friend . . .

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    9. Re: bullshit by Anonymous Coward · · Score: 3, Funny

      I prefer to AskJeeves it on AltaVista

    10. Re:bullshit by vux984 · · Score: 5, Insightful

      Indeed. I have never heard anyone say "Google it with Bing" except as a joke.

      Practically nobody says "can you pass me a kleenex from that box of puffs facial tissues" unless they are making a joke too. They just say 'pass me a kleenex'. But they'll point at the puffs box while asking without awareness or irony.

      Likewise people do say 'just google X' all the time as a generic synonym for "search for it on the internet". And they'll open their browser and use the default search without any real awareness that its actually yahoo or bing.

      I don't know that its sufficiently generic for loss of trademark. But lets not kid ourselves here, I will say 'google something' yet I use duckduckgo on all the systems at home. The word 'search' doesn't automatically mean 'on the internet' ... if i say 'can you search for my drill' it's not immediately obvious that I want an internet search (e.g. for its specs / support / accessories / current price ), as opposed to finding my actual drill in the garage. And if I say 'google my drill' it means find a product page for my drill on the internet. And I don't care, or even intend for anyone to actually use google to do it.

    11. Re: bullshit by SQLGuru · · Score: 3, Funny

      DogPile on Lycos. (still sort of works linguistically)

    12. Re:bullshit by Anonymous Coward · · Score: 3, Informative

      Nitpick: TFA claims that the trademark for "aspirin" was lost through generic use. This is wrong. Bayer was forced to abandon the trademark because Germany lost the First World War. Bayer also lost the trademark to "Heroin".

      Judge Learned Hand, in Bayer v. United Drug Co, actually noted the "genericization" of "aspirin" began before the First World War, so no, you're wrong. Go read the opinion.

    13. Re:bullshit by StickyKeys · · Score: 2

      Actual conversation I had with someone:

      Them: Can you google (product name) to see how much it is?
      Me: *types product into search bar and presses enter*
      Them: No, I mean google it on Amazon

    14. Re: bullshit by vux984 · · Score: 2

      If you're saying "I'll Google it on duck duck go" that speaks to your ignorance

      I've never said -that-. If I'm going to call out duckduckgo by name, then

      I have said to my son, "google it" when he asked me a question.

      And my son then used 'duckduckgo' to fulfill the request, and get the answer for himself, because that is the default search engine on his laptop.

      And he (correctly) knew that when i said 'google it' I meant just meant look it up on the web, and it was not instructions to use a specific brand search engine to do it.

      Words have meanings, and you just used them wrong.

      If what is wrong becomes widespread enough, then its not wrong anymore. That's how language works.

    15. Re:bullshit by TheRaven64 · · Score: 2

      You're not going to write "I searched it on the Internet" because it's too long

      No, I'll probably just write 'I searched', because the context of 'on the Internet' is implicit from the context.

      --
      I am TheRaven on Soylent News
  2. Pretty sure we know the answer. by UnknowingFool · · Score: 3, Insightful

    Like many questions asked on slashdot, the answer should be "No". See Kleenex(TM), Xerox(TM), Band-Aid(TM), etc.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
    1. Re:Pretty sure we know the answer. by Anonymous Coward · · Score: 3, Interesting

      See Kleenex(TM), Xerox(TM), Band-Aid(TM), etc.

      Why so? There are plenty of genericized trademarks, like Thermos, or Dumpster.

      https://en.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks

      But did you know that "Realtor" has not been genericized yet?

  3. What is before SCOTUS is an appeal not a case by Zontar_Thing_From_Ve · · Score: 5, Informative

    Chris Gillespie sued and lost so he appealed to the US Supreme Court (SCOTUS), which is his right. However, the justices have not yet ruled on whether they'll even hear his appeal. My guess is they won't hear it and will let the previous ruling (against Gillespie) stand. I do know that one of the ways you can lose a trademark is not to defend it and nobody can accuse Google of doing this.

  4. Too successful? by superdave80 · · Score: 2

    Yeah, this would be a great idea. Let's punish a company for being TOO successful in what they do by taking away their trademark protection. Sheesh,

  5. Re:Google means search with google by IcyWolfy · · Score: 4, Interesting

    You obviously haven't been around non-tech people in a while.
    I've heard "google that on Bing" "I use yahoo to google."; for a non-trivial number of people, "to google" justt means "to search online".
    Just like "hand me a kleenex" "i need a band-aid". The terms are still trademarked, but the public chooses to use it generically for anything similiar.
       

  6. Re:Google means search with google by 140Mandak262Jamuna · · Score: 4, Funny
    But these companies have an army of lawyers who would send cease and desist letters to newspapers and other organizations when they use brandnames generically. Xerox used to be very aggressive about it.

    I wonder if there is a way for Google to find people using the word "google" in a generic sense. Some kind of ability to look at millions of use cases and citations, some kind of artificial intelligence to infer the context... Wondering who Google would turn to find information.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
  7. I prefer to use... by 93+Escort+Wagon · · Score: 4, Funny

    The privacy-preserving search engine, DuckDuckGoogle.

    --
    #DeleteChrome
  8. this seems a little circular by argStyopa · · Score: 2

    Google - by itself, as a word - implies nothing about internet search.
    Ostensibly, it's a number ( in fact it's a homonym of googol, coined to mean 10^100).

    If the summary is correct, essentially they're arguing that Google's market success means they lose their trademark ala generification like kleenex, xerox, etc. But it doesn't make any sense at all to assert "There is no single word other than google that conveys the action of searching the Internet using any search engine" without intrinsically crediting the entity Google with the credit for it meaning that.

    It seems like a pretty arbitrary taking to simply de-list their owned trademark by government fiat, PARTICULARLY when it's not like they're abusing it.

    --
    -Styopa
  9. Dan Parisi Defense by t0qer · · Score: 3, Interesting

    We used to love Dan Pirisi here on slashdot. The guy made a habit out of registering things he didn't like with "Sucks" at the end of it.

    http://www.salon.com/2001/06/2...

    His case was hard fought and he won with the defense of registering a domain name with "sucks" in it is a criticism of the companies being featured. Good story from the early days of slashdot/the internet.

  10. Coke, Dumpster, Escalator, Kerosene by OrangeTide · · Score: 2

    So should Coca-cola Company lose their trademark because a bunch of Georgians erroneously call all soft drinks "coke" ?

    Sure, sometimes trademarks become genericized. And sometimes the trademark is lost, and other times the courts decide that the trademarks are still valid. Usually the newer the trademark the less likely it is to be lost, probably because modern courts are corporation-friendly.

    --
    “Common sense is not so common.” — Voltaire
  11. Alphabet by dottrap · · Score: 4, Funny

    Good thing they changed their name to Alphabet. They'll never have any problems with that.

  12. Re:Google means search with google by MobyDisk · · Score: 2

    I just looked for lmbtfy.com for "let me bing that for you." The site exists, but it searches Google by default! So apparently, you can Bing something using Google. So Bing should lose their trademark too.

  13. Best Buy by fleabay · · Score: 2

    If one can trademark 'Best Buy', anything goes.

  14. Re:Defective alphabet by dromgodis · · Score: 2

    A plan for the improvement of spelling in the English language

    By Mark Twain

    For example, in Year 1 that useless letter "c" would be dropped to be replased either by "k" or "s", and likewise "x" would no longer be part of the alphabet. The only kase in which "c" would be retained would be the "ch" formation, which will be dealt with later. Year 2 might reform "w" spelling, so that "which" and "one" would take the same konsonant, wile Year 3 might well abolish "y" replasing it with "i" and iear 4 might fiks the "g/j" anomali wonse and for all.

    Generally, then, the improvement would kontinue iear bai iear with iear 5 doing awai with useless double konsonants, and iears 6-12 or so modifaiing vowlz and the rimeiniing voist and unvoist konsonants. Bai iear 15 or sou, it wud fainali bi posibl tu meik ius ov thi ridandant letez "c", "y" and "x"— bai now jast a memori in the maindz ov ould doderez —tu riplais "ch", "sh", and "th" rispektivili.

    Fainali, xen, aafte sam 20 iers ov orxogrefkl riform, wi wud hev a lojikl, kohirnt speling in ius xrewawt xe Ingliy-spiking werld.