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Dell Tries To Trademark "Cloud Computing"

Posted by kdawson on Sat Aug 02, 2008 10:43 PM
from the head-in-the-clouds-or-perhaps-some-other-orifice dept.
Ian Lamont writes "The Industry Standard reports that Dell is trying to trademark the term cloud computing . The phrase entered the tech lexicon years ago, but Dell's application (serial number 77139082) was made in early 2007 to the US Patent and Trademark Office, apparently in connection with data center products and services that it was promoting around that time. A quick search of Google News indicates that Dell itself did not use the term in press releases or discussions with indexed English-language media sources from 1996 to 2006. Dell is not the first company to attempt to trademark this term: The Standard notes that NetCentric, a company that provided 'carrier-class Internet fax technology,' also gave it a shot in the late 1990s, but was rejected."
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[+] Technology: Dell Loses Bid To Trademark "Cloud Computing" 146 comments
1sockchuck writes "The USPTO has issued a 'non-final determination' refusing Dell's request to trademark the term 'cloud computing' (we discussed the application earlier), finding that the term is generic and 'therefore incapable of functioning as a source-identifier for applicant's services.' According to Data Center Knowledge, 'Dell has the option of filing a response to submit arguments to dispute the USPTO examiner's findings.'" Here is the USPTO's ruling. A week and a half ago the PTO cancelled its 'notice of allowance' for the mark, a move little remarked upon at the time.
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  • And here I thought that only happened with patents.

    • by StreetStealth (980200) on Saturday August 02 2008, @11:16PM (#24452853) Journal

      The obviousness of some of the colloquial expressions protected under trademark in the US is sometimes quite surprising. Dish soap marketers, for instance, must be careful in how they describe the effective concentration of their product, because "a little goes a long way(tm)" is a trademark of P&G group.

        • You have to remember that trademarks are much more limited than, say, patents.

          If you patent something, you have exclusive say in who gets to use that patent for its lifetime. You can license it out at a price you decide, you can market your own product in a monopolistic fashion, or you can just sit on it. You can prevent anyone else from using something described in your patent, even if they invent it independently, even if they only use it privately, even if they're using it for something totally different

    • Be careful where you use that term, or someone could trademark it and sue you for infringement.
  • Cloudy thinking by Dell.
    • USPTO record (Score:5, Informative)

      Here is the U.S. Patent and Trademark listing: CLOUD COMPUTING [uspto.gov]
        • by EdIII (1114411) * on Sunday August 03 2008, @02:05AM (#24453749)

          "Xeroxing" is not, and was never, a technical term. It's the name of a company, Xerox, that makes copy machines.

          Uhhhh, I call bullshit on that. I grew up with people calling the act of copying a piece of paper "Xeroxing". Xerox made the first copy machines. It was obvious for people to use the name and create a new word. It IS a technical term. It describes an action that is specifically related to a specific action with a specific technology.

          That is my whole point. They made the first copiers and the people responded by using the corporate name Xerox to describe that very act. It is just as valid as anything else. The longer people use it, the more valid it becomes in fact. Language is constantly evolving and they add new words all the time. It is not up to you or I to determine the validity of a term. The majority made it, therefore it exists.

          Sigh. Did you even RTFS? Dell is trying to *trademark* the term, which is something completely different than a patent. The difference is brought up in almost every single article on /. involving copyrights, trademarks or patents. How can anybody not know the difference by now?

          Take it easy. I know what the difference is between copyright, trademarks, and patents. I misspoke. It happens.

          Instead of poking fun at my mistake, why not address my argument directly? Dell attempting to get a trademark on a well defined technical term is not about protecting anything original to them. It's dirty and will most likely fail. I was pointing out that it is motivated by greed and an attempt to secure an unfair and undeserved advantage over their competitors.

          It would be like Pepsi or Coke trying to trademark "soda". It can't be done, shouldn't be tried, and is pretty silly to anyone considering it. So is cloud computing and Dell.

            • Re: (Score:3, Insightful)

              I didn't agree or disagree with your argument because you don't seem to know what you're talking about.

              I think it's clear that I do know what I am talking about. Once again, you use a distasteful tactic to make a point. You have yet to make any productive comment about Dell's attempt to trademark a well known term, yet still persist in attacking me personally over a disagreement about whether or not a term exists in one of my examples.

              Kind of pointless. Whether you acknowledge it or not, "Xeroxing" is pa

  • by LostCluster (625375) * on Saturday August 02 2008, @10:55PM (#24452705) Homepage

    The first comment to the article links to the USPTO page for the applicatoin [uspto.gov] where the status shows that the opposition period went by without anybody noticing, so the mark is one step closer to being validated. It appears only the dependable USPTO is left to block this thing on its own.

  • Cloud opportunity (Score:5, Interesting)

    by darealpat (826858) on Saturday August 02 2008, @10:55PM (#24452711) Journal

    I was struck by the comment at the end of the article by a trademark attorney that no-one had opposed it when it was initially published. I think that points to a fundamental flaw in the process: who knows of or sees these things in order to oppose them?

    Perhaps that is the clouded thinking that permeates the USPTO and the tech entities that use them to further their cause.

    • Anybody (Score:4, Informative)

      by dereference (875531) on Saturday August 02 2008, @11:21PM (#24452911)

      who knows of or sees these things in order to oppose them?

      Anybody [uspto.gov]. The marks are published weekly for opposition. The latest few are available as PDF downloads free of charge; follow the link and you can even subscribe to the paper copy (for merely $1,536/year).

  • by NoobixCube (1133473) on Saturday August 02 2008, @10:57PM (#24452733) Journal

    A device for generating heat based on the constricted flow of subatomic particles through metallic pathways, embedded in a fabric base for easy folding and heat distribution! I call it an "electric blanket" :)

  • Too bad (Score:3, Insightful)

    by ceoyoyo (59147) on Saturday August 02 2008, @11:26PM (#24452955)

    Maybe if Dell patented it we could go back to calling servers "servers."

  • by Anonymous Coward on Saturday August 02 2008, @11:40PM (#24453047)
    ... if it means nobody else will be able to say "cloud computing" anymore I am all for it. Now it someone would have been able to trademark Web 2.0 life would be good.
  • by LostCluster (625375) * on Saturday August 02 2008, @11:42PM (#24453055) Homepage

    "Cloud computing" is one of those "next big thing" products here on slashdot, but who's actually using the term in their marketing? Plenty of people are selling "cloud" applications, but nobody's calling it that as most people think of "the cloud" as untrustworthy.

    Is there an actual case of somebody like Amzaon's s3 actually calling themselves "cloud computing"?

  • by Anonymous Coward on Sunday August 03 2008, @12:36AM (#24453317)

    ...special, brings up images of warm spring days and cute fluffy bunny rabbits and various chick flick scenes and [voice="George Carlin"] BULLLLLL SHIT! Get that "sensitive" guy out of the damn room! Who wants a "cloud" computer, give me a category 10 hurricane computer with some richtor 25 earthquake RAM! And Krakatoa I/O!

  • Great!!! (Score:3, Funny)

    by Dynedain (141758) <slashdot2@@@anthonymclin...com> on Sunday August 03 2008, @02:26AM (#24453849) Homepage

    Now could someone please trademark Web 2.0 so we won't have to hear that stupid buzzword either?

      • If Al Gore or AOL created the internet, then why does every internet address begin with www? Bush clearly left his mark on the tubes.