HOLD that THOUGHT
IdeaStorm is in Read Only Mode until 10/27

Click here for details.
The Dell Community has contributed: 10385 ideas | promoted 697808 times | 80735 comments

How IdeaStorm Works:

Post Promote Discuss See
Dell Comments | Dell Ideas | Service and Support Comments | Service and Support Ideas
30

Don't trademark common terms...

30 points posted to Dell, Service and Support by infinitelink 08/03/08

I've heard, and perhaps the reports are unfounded, however it is spreading that Dell is trying to trademark the common idiom "cloud computing".

I really hope Dell isn't serious...and if it is I think the Tech community deserves a retraction and apology.

sirebral
08/03/08		 It's actually true. If you research the USPTO page you can see the application is Live. They can create an artist graphic that is different from other companies, but they don't own the phrase "Cloud Computing". Being that a trademark is a mark that signifies where the product came from, Dell can get this trademark and use it legally, but then if someone else wants to trademark "Cloud Computing" they will need a different image.

Trademarks don't claim ownership, they never have and they never will. What a trademark does is show who the goods came from. So Dell's "Cloud Computing" logo can be trademarked, and then everyone that sees that logo knows that the "Cloud Computing" bein promoted comes from Dell. Apple can make their own mark and register it and they can use it too.

"# A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. "

Cite: http://www.uspto.gov/web/offices/tac/doc/basic/trade_defin.htm
aikiwolfie
08/03/08		 Trademarks can only be things unique to the particular company involved. Common words and phrases generally can't be trade marked. Hence the reason why companies come up with stupid names like iPhone. Even when a trade mark is granted, it's not as cut and shut as a copyright or patent. There's nothing to fear from what Dell may or may not be doing here.

We can always just go back to calling it the web anyway.
sirebral
08/03/08		 True. But if they try to impose the Dell brand on any future Cloud Computing marks, then they are going have a fist full of community.
sirebral
08/03/08		 Maybe make the Cloud Computing Trademark 'unviersal', like the recycling logo.

http://en.wikipedia.org/wiki/Recycling_symbol
aikiwolfie
08/03/08		 The thing about a trademark is you really need to work to prove any sorft of infringement is taking place. If someone stamps Dells cloud logo on their product, that's a clear violation. But if you use that logo in an article it's unlikely anybody is going to be too bothered. Unless of course you get things very badly wrong.
undead999
08/07/08		 http://blogs.zdnet.com/open-source/?p=2759
aikiwolfie
08/07/08		 http://computerworld.co.nz/news.nsf/news/F02428C78AA5456DCC25749C00100F5F

Even if Dell had gotten this trademark, it would have been unenforcible. They've just wasted a whole load of cash over nothing.
 
Atom feed track comments for this idea
Please log in to post a comment
recently promoted by: