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Logic of Trademark Using Pure English Word/s

Labeled as discuss in Legal Discussion started by BabayS, Oct 10, 2018 at 6:09 AM.

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  1. BabayS

    BabayS ExToday.com Gold Account

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    Hello Domainers,
    What do you Think about this Logic of mine?

    When all English dictionary word/s were used as trademark, then someday there will be no more English words left in this world that can be used by human beings to communicate. And this can be the end of Domain Industry.

    The idea left in my mind, when someone said that my two dictionary words domain name, say it: VirtualXXXX has been used by huge company as a trademark.
    I answer that by send him/her message as follow:

    1. The words "Virtual" and "XXXX" are pure dictionary word in English. They are not derived from other word / words. Combination of the 2 words to be "VirtualXXXX", has connection in meaning. We can search in google, that many huge till small company used the 2 words in announcing or advertising their services.
    So, as far as I know about the rules of trademark using pure dictionary word in English, that everyone and every company in this world can register them as a trademark too. It means, noone can claim that he/she own the words. Because English Language is the Language of the World that belong to all people in this small world. I can not imagine, if every pure dictionary word in English is claimed as belonging to someone or company by claiming the Trademark; Then someday there will be no more English words left in this world that can be used by human beings to communicate.

    2. IMO, ENGLISH LANGUAGE is like a SUN. It belongs to all people in this civilized World.
    This language illuminates the world with its admiration. I used to read an article, that Spanish Woman claimed to own the sun. She backed her claim legally with the document issued by a notary public. Based on the legal, She wants to slap a fee on everyone who uses the sun shine. (see: https://www.dailymail.co.uk/news/ar...owns-sun--plans-start-charging-ALL-users.html).
    Really sure, of course, I and you and all people, and even God, will never agree and acknowledge the claim.

    >>> As my undergraduate educational background is linguistics, I always glorify the "Power of Words", as written by Winston Churchill, Writer and Politician from Great Britain. And JL Austin in his book titled "How to Do Things with Words". <<<


    Lets Discuss about this Logic....
     
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  2. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    That's not how trademarks work.

    Take a look around at common and well-known trademarks:

    "TIDE" - the most popular brand of laundry detergent in the US

    "BUD" - one of the largest brands of beer in the US

    "APPLE" - a well known brand of computer and digital services

    "AMAZON" - the largest US online retailer

    These brands are huge, well-known, and well protected, and they are all common words. Their existence as marks does not at all affect anyone's ability to communicate.

    If you want to sit on the beach at Manaus, Brazil and watch the tide roll up the Amazon while eating apples with your bud, you are free to do so - and you are free to talk about it.

    Your premise - that the existence of what are called arbitrary marks somehow 'removes' them from common usage - is basically flawed. What marks like "TIDE" do, is to prevent you from using the word commercially to compete in the market for laundry detergent. If you want to provide services to boaters or surfers to let them know when the high and low tides will be, then you are free to do so, regardless of the fact that TIDE is a well known trademark for laundry detergent.
     
  3. xynames

    xynames XYNames.com PRO VIP

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    It goes beyond that though JBerryhill - Trademarks are valid only for a specific use for sale of a category of good or service. For example there are multiple issued trademarks for the word Apple - for clothing for blouses for computers - all from different companies.

    The word Apple is still available for use in commerce for many different goods or services.

    In short, your analysis BabayS is wrong. Just because a “dictionary” word is trademarked doesn’t mean it may not be used even in commerce in a context different from whatever it has been trademarked in.

    Also if a mark is too generic (meaning that the mark doesn’t connote much more than its common ordinary usage) - it just won’t be able to be trademarked in the first place.
     
    Last edited: Oct 10, 2018 at 1:03 PM
  4. BabayS

    BabayS ExToday.com Gold Account

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    My argument is open to be criticized. Cause the essence of the discussion class is that an argument can be criticized and proven wrong. When someone bring an argument to be discussed, but he/she has claimed the it is really true, then never bring it in the discussion class... "Mine has been criticized and proven wrong, so let us continue to discuss."

    @jberryhill : ... If you want to provide services to boaters or surfers to let them know when the high and low tides will be, then you are free to do so, regardless of the fact that TIDE is a well known trademark for laundry detergent.
    @xynames : It goes beyond that though JBerryhill - Trademarks are valid only for a specific use for sale of a category of good or service. For example there are multiple issued trademarks for the word Apple - for clothing for blouses for computers - all from different companies... The word Apple is still available for use in commerce for many different goods or services.

    Answer: I have to follow the tide, of course... So if the loundry detergent company develope domain name named: TIDE.com to sale their products on detergent, it is free to me develope TIDES.com related on emotional behaviour, or about 'washing' human brain, or anything else not related on detergent products.
    But why, when I have for example APPLES.com as a platform to sale products such as fruit or snack or anything not related to Steve Job products, Many people said that the domain name is a trademark?
    That's the question.

    Thank you very much @jberryhill and @xynames.
    Have a nice day...
     
  5. xynames

    xynames XYNames.com PRO VIP

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    <<But why, when I have for example APPLES.com as a platform to sale products such as fruit or snack or anything not related to Steve Job products, Many people said that the domain name is a trademark?
    That's the question.>>

    Are you listening to (or maybe just repeating what was said by) many people, or looking for the truth.
     
    Last edited: Oct 11, 2018 at 2:07 AM
  6. BabayS

    BabayS ExToday.com Gold Account

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    Looking for the truth is the pursuit of happinnes...
    Thanks xynames
     
  7. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    Why do "many people" say things? Is that really a question?

    Why do people who don't know what they are talking about say dumb things?

    The question more or less answers itself doesn't it?

    Why did all sorts of people insist that shark cartilage cures cancer? Why are easily preventable infectious diseases on the rise because there are people who believe that vaccinations cause autism?

    People have all sorts of opinions on topics about which they are uninformed, inexperienced and uneducated.

    What usually helps these kinds of beliefs along is an affirmative belief that education, knowledge and expertise are actually DISQUALIFYING factors. The doctors, you see, all make money by treating diseases. So if the diseases are cured, then the doctors are out of business. I've actually had the same type of bullsh*t thrown at me - that since I make a portion of my income defending domain disputes, that I have some sort of interest in perpetuating them, as if there is nothing else I can (and do) do for a living.

    We live in a culture that glorifies ignorance and mistrusts education and expertise, and you want to know why people say stupid stuff?
     

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