February 25, 2003

Cellophane, Aspirin, Thermos, Google?

Apparently, the operator of the web site Word Spy, a site devoted to recently coined words and phrases, uses google as a verb, which annoyed Google sufficiently that they had their lawyers draft a note (not a true cease and desist letter) to Paul McFedries of Word Spy asking him to:
help us to protect our brand by deleting the definition of "google" found at wordspy.com or revising it to take into account the trademark status of Google.
Now, McFedries wants to know what he can do and the slashdotters are up in arms that Google is demanding it be removed. Has Google already become generic? (Where's Marty when you need him?) Although, the public may have adopted the term 'google', which can sometimes lead to genericide for a mark, as in "I'm googling the guy/gal I met on craig's list" (imagine my surprise when my mom told me she had googled me), Google's careful use of the mark as a brand name, rather than descriptively, as well, as their proclivity to enforce it (as here) bode well for preserving the trademark's value as a "brand name." [ABCNY]

I don't think you need to be a lawyer to solve this one. Google has proposed two options: 1) delete the definition of "google" or 2) revise it to take into account the trademark status of Google i.e. as McFedries says "acknowledge that Google(tm) is a trademark of Google Technologies Inc.?". [Thanks to a mad tea-party for pointing me to this issue.]

Update: Frank Abate, Kottke and Boing Boing whine in. Big Media just threw in their two cents. Actual Malice rights the cart.


Previous Posts

  • Congratulations to the blawgers
  • Interesting side effect of Google's Pyra purchase
  • Wanted: Enterprising Anti-Spammers
  • LazyBlawg: DMCA Hypothetical
  • The Exonerated
  • News Flash
  • Plethora
  • Stop workers from stealing copyrighted materials or be sued
  • Constitutional Amendment to Rollback Copyright Duration
  • Thanks