My latest Guardian column is "Trademarks: the good, the bad and the ugly," and it looks at why trademark, at its best, does something vital -- but how trademark can be abused to steal common words from our language and turn them into a twisted kind of pseudo-property.
Trademark lawyers have convinced their clients that they must pay to send a threatening notice to everyone who uses a trademark without permission, even where there is no chance of confusion. They send letters by the lorryload to journalists, website operators, signmakers, schools, dictionary publishers – anyone who might use their marks in a way that weakens the association in the public mind. But weakening an association is not illegal, despite the expansion of doctrines such as "dilution" and "naked licensing."
When called out on policing our language, trademark holders and their lawyers usually shrug their shoulders and say, "Nothing to do with us.
The law requires us to threaten you, or we lose our association, and thus our mark." This is a very perverse way of understanding trademark.
The law is there to protect the public interest, and the public interest isn't undermined by the strength or weakness of an association with a specific word or mark with a specific company. The public interest extends to preventing fraud, and trademark uses the motivation of protecting profits to incentivise firms to uphold the public interest.
Trademarks: the good, the bad and the ugly
Charles Duan from Public Knowledge sends us “a video we put together for Fair Use Week about copyright and fair use, to the tune of ‘Let It Go’ from Frozen, and full of clips of other fair use videos.”
An excellent excerpt from Aaron Perzanowski and Jason Schultz’s The End of Ownership: Personal Property in the Digital Economy on Motherboard explains how Section 1201 of the 1998 Digital Millennium Copyright Act — which bans tampering with or bypassing DRM, even for legal reasons — has allowed corporations to design their products so that using […]
Securelist’s report on the security vulnerabilities in Android-based “connected cars” describes how custom Android apps could be used to find out where the car is, follow it around, unlock its doors, start its engine, and drive it away.
Having a luxurious bed isn’t just a fairy tale from a catalog; it is a real, affordable possibility with offerings like this Olive+Owen bedroom set. If you’re thinking of doing some “spring cleaning”, this bed set is an easy way to completely upgrade your room in one purchase.This 20-piece collection has all of the expected slumberland elements, […]
Python is immensely popular in the data science world for the same reason it is in most other areas of computing—it has highly readable syntax and is suitable for anything from short scripts to massive web services. One of its most exciting, newest applications, however, is in machine learning. You can dive into this booming […]
Learning new skills is a great way to improve your resume and stand out from other candidates. Especially in a workforce in which many job-seekers have a wide variety of qualifications. With lifetime access to Virtual Training Company, you won’t have to choose a specific focus. You can pick up new expertise whenever you deem it […]