[kictanet] US Supreme Court asked to nullify the Google trademark

Mon Aug 21 20:00:11 EAT 2017

well, when I look at the 9th circuit court of appeal decision as well as
the Arizona district court's decision, I kind of feel that OMO, Blueband
scenarios are kind of different , why because when I say please go get me
Omo, I mean , go get me a detergent(*a detergent is a particular class of
goods*), when I say I am googling something, which *particular class of
service/goods* am I really referring to? I am simply referring to the *act
of searching on the internet *so no generic use here.

Secondly,

-Regards

Tracy Kadesa,
LL.B ,University of Nairobi.
Dip KSL
 legalwalk.wordpress.com

On Mon, Aug 21, 2017 at 7:40 PM, Ngigi Waithaka via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> The Google case is very different from these cases; as-is, "google" is
> already an English verb. And once a trademark becomes a verb and hence
> generic, it's downhill all the way.
>
> OMO, BLUEBAND etc while coming to symbolize an entire genre of products
> never reached that level of getting into the lexicon of the English
> language.
>
> I didn't come up with the rules, its just the way it works :-)
> https://en.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks
>
> Regards
>
>
>
>
> On Mon, Aug 21, 2017 at 6:11 PM, Victor Kapiyo <vkapiyo at gmail.com> wrote:
>
>> We have had almost similar scenarios in Kenya. You will remember brands
>> like "OMO" which became the common name for powdered soap; "BLUEBAND" for
>> magarines; "KIMBO" for cooking fat; "QUENCHER" for juices; "NISSAN" for all
>> 11-14 seater vans/matatus; "PAMPERS" for diapers; "COLGATE" for toothpaste;
>> "PANGA" for bar soap and the list goes on. Just because a trade mark (and
>> we must distinguish this from copyright) has become the common name for a
>> product or service for which it is registered, doesn't mean it will lose
>> the protection. However, the protection will only available to the owner of
>> the mark so long as they have taken sufficient measures to protect it.
>>
>> Because otherwise, of what use is trademark protection if the owners
>> can't benefit from the publicity and notoriety their product has received
>> and profit from it!
>>
>> *Victor Kapiyo*
>> Partner | *Lawmark Partners LLP*
>> Advocate of the High Court of Kenya & Commissioner for Oaths
>> *Suite No. 8, Centro House, Westlands, Nairobi | **Web:
>> www.lawmark.co.ke <http://www.lawmark.co.ke> *
>> ====================================================
>>
>> *“Your attitude, not your aptitude, will determine your altitude” Zig
>> Ziglar*
>>
>> On 21 August 2017 at 17:49, Ngigi Waithaka via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>>> The moment your copyright becomes a verb in English, you've lost half
>>> the battle to holding onto it.
>>>
>>> Today its very normal to just say I *googled*  as opposed to "...I
>>> searched for it on Google..."
>>>
>>> And I am sure you wouldn't want everyone saying googled/google it etc
>>> being sued for Copyright infringement, right?
>>>
>>> Regards
>>>
>>> On Mon, Aug 21, 2017 at 4:29 PM, Ahmed Mohamed Maawy via kictanet <
>>> kictanet at lists.kictanet.or.ke> wrote:
>>>
>>>> I think its quite unfair to have a company like Google who have built a
>>>> brand name that went all the way to be "generisized" to actually not be
>>>> given the right to trademark. So what implications does it have then to
>>>> their company? I mean.. you can't just say someone set up a company and
>>>> called it "Sufuria".
>>>>
>>>> Plus also Google is not just search but a varierty of products. All
>>>> unrelated to Search. But the implications of this are even further than
>>>> this. Does it mean that when you open DuckDuckGo or MSN search youd end up
>>>> seeing "DuckDuckGo Google" or "MSN Google"?
>>>>
>>>> To make matters worse lets not even think about Google to begin with
>>>> and start thinking about what people will say about "Alphabet"... :D
>>>>
>>>>
>>>> On Mon, Aug 21, 2017 at 3:45 PM, Ali Hussein via kictanet <
>>>> kictanet at lists.kictanet.or.ke> wrote:
>>>>
>>>>> Listers
>>>>>
>>>>> Interesting development.
>>>>>
>>>>> Is the term "google" too generic and therefore unworthy of its
>>>>> trademark protection? That's the question before the US Supreme Court.
>>>>>
>>>>> Words like teleprompter, thermos, hoover, aspirin, and videotape were
>>>>> once trademarked. They lost the status after their names became too generic
>>>>> and fell victim to what is known as "genericide."
>>>>>
>>>>> What's before the Supreme Court is a trademark lawsuit that Google
>>>>> already defeated in a lower court. The lawsuit claims that Google should no
>>>>> longer be trademarked because the word "google" is synonymous to the public
>>>>> with the term "search the Internet."
>>>>>
>>>>> US Supreme Court asked to nullify the Google trademark
>>>>> <https://arstechnica.com/tech-policy/2017/08/supreme-court-asked-to-nullify-the-google-trademark/>
>>>>>
>>>>> What are the implications in the Kenyan context?
>>>>>
>>>>> Have you heard guys using Airtel Money saying 'Mpesa me please?' :-)
>>>>>
>>>>> Should governments even think about this? It's ludicrous that we are
>>>>> even discussing this.. :-)
>>>>>
>>>>> *Ali Hussein*
>>>>>
>>>>> *Principal*
>>>>>
>>>>> *Hussein & Associates*
>>>>>
>>>>>
>>>>>
>>>>> Tel: +254 713 601113
>>>>>
>>>>> Twitter: @AliHKassim
>>>>>
>>>>> Skype: abu-jomo
>>>>>
>>>>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>>>> <http://ke.linkedin.com/in/alihkassim>
>>>>>
>>>>>
>>>>> 13th Floor , Delta Towers, Oracle Wing,
>>>>>
>>>>> Chiromo Road, Westlands,
>>>>>
>>>>> Nairobi, Kenya.
>>>>>
>>>>> Any information of a personal nature expressed in this email are
>>>>> purely mine and do not necessarily reflect the official positions of the
>>>>> organizations that I work with.
>>>>>
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>>>>
>>>>
>>>> --
>>>> *Ahmed Maawy*
>>>> Head of Corporate Products - Al Jazeera Media Network
>>>> Skype: ultimateprogramer
>>>>
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>>>>
>>>
>>>
>>> --
>>> *Regards,*
>>>
>>> *Wait**haka Ngigi*
>>> Chief Executive Officer | Alliance Technologies | MCK Nairobi Synod
>>> Building
>>> T +254 20 525 0750 |Office Mobile: +254 716 201061 | M +254 737 811 000
>>> www.at.co.ke
>>>
>>> _______________________________________________
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>>>
>>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
>>> for people and institutions interested and involved in ICT policy and
>>> regulation. The network aims to act as a catalyst for reform in the ICT
>>> sector in support of the national aim of ICT enabled growth and development.
>>>
>>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
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>>>
>>
>
>
> --
> *Regards,*
>
> *Wait**haka Ngigi*
> Chief Executive Officer | Alliance Technologies | MCK Nairobi Synod
> Building
> T +254 20 525 0750 |Office Mobile: +254 716 201061 | M +254 737 811 000
> www.at.co.ke
>
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> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> for people and institutions interested and involved in ICT policy and
> regulation. The network aims to act as a catalyst for reform in the ICT
> sector in support of the national aim of ICT enabled growth and development.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people's times and bandwidth,
> share knowledge, don't flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
>
>
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