Post: Who needs a frakking titles?
Who needs a frakking titles? →
Posted Wednesday 4th February 2009 00:26 GMT
In French court fines Google over trade marked keywords
The problem here is that the Trademark is over what can be termed as "ordinary words"; i.e. words that would naturally appear in any conversation.
There is a good reason why some companies go out of their way to find names which do not exist in the local language. For example, while the words "International", "Business" and "Machine" may or may not be referring to a certain blue-coloured company, "IBM" certainly does (ditto with "KFC" and "Telstra").
With a search engine, there is always uncertainty as to whether the user is typing in a set of "ordinary" words or in fact the trademark of a company. If I type in "McDonalds", am I looking for a burger (trademarked) or looking up some ancestry (non-trademarked). And trademarks get even more confusing when you cross international borders - "Burger King" in the US and "Burger King" in Australia are two completely different companies. Which is why "Burger King" US is called "Hungry Jack" in OZ (same number of letter, too - didn't need to resize the logo or the font).
Note to companies: You want to avoid this kind of lawsuit-losing ambiguity? Do some thinking about your company's name *before* you trademark it.
