Blogger Trademark

Discussion in 'Legal Issues' started by LGRComp, Jul 30, 2007.

  1. #1
    I have been trying to register a new business name here in Canada and have run into a road block. The business name we want to register has the term "Blogger" in it and I have been told I need Google's permission to use the word in our business/domain name. Does this mean all domains that have the word "blogger" in them a trademark infringement on Google? Anyone have experience with the big G and the term "Blogger"?
     
    LGRComp, Jul 30, 2007 IP
  2. bluegrass special

    bluegrass special Peon

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    #2
    Only looked at the US trademark. Google does indeed hold the wordmark, meaning the word has been trademarked.

    I'm not sure if this is the case in Canada, but in the US once a term get genericized (to the point that it does not make people think of the company anymore) it is no longer enforceable. One of the most famous example of this is Aspirin. It was a trademarked name that got used so heavily that the trademark was no longer legally enforceable.

    You might be able to make the case that the term blogger has become genericized. I don't know about you, but if I hear the term "blogger" without context (meaning specifically referring to the blogger website) I am more apt to think of a balding, overweight, middle aged man in his underwear and a DragonBallZ t-shirt with a ponytail and a bag of Cheetos than I am to think of Google.

    I have no idea who you might make such an appeal to though.
     
    bluegrass special, Jul 30, 2007 IP
  3. Dave Zan

    Dave Zan Well-Known Member

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    #3
    Which might be disputed by Google, of course.

    Unless a Canadian court has decided the word blogger is "generic" (and that's
    just for Canada), consider it a distinctive one. Given Google's reputation for
    enforcing its trademark rights, asking them for "permission" doesn't hurt.

    Worse comes to worse, a change of plan might be in order.
     
    Dave Zan, Jul 30, 2007 IP
  4. bluegrass special

    bluegrass special Peon

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    #4
    I agree with Dave Zan on this, I was merely pointing out one possibility. I was not implying that trying to do so would be successful. And yes, for it to be successful you would need an official decision that the term was generic, not just you (or me) believing that it is.
     
    bluegrass special, Jul 30, 2007 IP
  5. LGRComp

    LGRComp Well-Known Member

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    #5
    Another question then. Do sites like problogger violate the trademark?
     
    LGRComp, Jul 30, 2007 IP
  6. bluegrass special

    bluegrass special Peon

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    #6
    Quite possibly. The trademark (in the US) is for a system of publishing content. Problogger is not such a system where other go to publish material. It's a guy saying I am a professional blogger. That may be why they have left him alone. I would say that if Google decided to take them to court they would probably win.

    There has been speculation about the term being genericized since 2003, but as late as Oct last year a decision was made by WIPO to give Google a domain (blogger.ch).
    http://www.wipo.int/amc/en/domains/decisions/html/2006/dch2006-0022.html
     
    bluegrass special, Jul 30, 2007 IP
  7. Arcanus

    Arcanus Well-Known Member

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    #7
    In my opinion and observation,
    I've never associated blogger with google (if i hear wordpress..i instantly associate it with blogging)..then again i avoid google where possible..
    blogg "er" to me denotes someone who blogs..just as a teach"er" teaches..

    ..
     
    Arcanus, Aug 1, 2007 IP
  8. klimt

    klimt Peon

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    #8
    I agree with everyone that the term blogger has become generic (I hear it on the news all the time -- never being associated with google). Of course, that would have to be argued in court.
     
    klimt, Aug 1, 2007 IP