Main

March 16, 2006

EASY.COM Easily Registrable In U.K.

UK Patent Office decision dismissing opposition to EASY.COM in inherent registrability grounds. Decision rests on viewing the mark as a whole and not on a finding of secondary meaning. Notable finding: consumers are trained at this point to view [example].com as a trademark.

December 29, 2005

LAWYERS.COM Unregistrable As Generic Term

Citable TTAB decision rejecting application for LAWYERS.COM on genericness grounds.

Echoing TTablog, my reaction to the decision was 'coulda told you that in fewer than 29 pages' although to be fair to the Board, most of the decision is concerned with shutting down a ploy in drafting applications for [generic].com marks.

Trademarks build brands and domain names build pre-brand traffic. When it comes to generic domain names, it appears that you cannot have everything (though some of us will keep trying).

December 09, 2005

Dave Winer on Wiki

Dave Winer comments on the flap caused by Adam Curry allegedly anonymously altering the contents of the Wiki entry on podcasting. On a different point, I had mentioned earlier this week that trademark owners whose marks were susceptible to genericide would do well to monitor Wiki entries on those marks.

For what it's worth, I entered 'Wiki [trademark]' as a Google term for 10 different trademarks and got that trademark's Wiki entry as top hit 10 of 10.

October 07, 2005

'Alex Ferguson Is Devoid Of Distinctive Character'

This article from the UK's Mirror makes an inherent registrability analysis sound like disparagement.