5 ms·

MaxMind trademark trolling – they own “geoip”?

16 points by mitak 8y ago

rajacombinator 8y ago
Seems pretty legit to me, ie. not simply “trolling” ... (IANAL)
deleted 8y ago
[deleted]
cheald 8y ago
http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&frame=&sno=78229697 http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel... Not trolling. That's their IP. I wouldn't fight that fight.
- mitak 8y ago
  Ah I see :( Doesn't everyone say "geoip" though? / how else would we describe such a service? I thought there was something against trademarking commonly used words that describe generic things. No plans to fight it. But it seems brutal... considering geoip.app is free/open-source/non-commercial, links to their site for those interested in licensing more accurate data, and "geoip" seems to be in use elsewhere (e.g. geoip.com).
  - p49k 8y ago
    > how else would we describe such a service? IP-based Geolocation? There are multiple portmanteaus that can be made from the phrase; you could use one of those instead of using the one they made.
    - mitak 8y ago
      Will do.
  - cheald 8y ago
    Everyone says "Google" to mean "do an internet search". It's still a registered trademark and you can't promote your own product using that name. The term "IP address geolocation" is common and descriptive enough, and isn't trademarked. The mark "GeoIP" is MaxMind's trademark for their particular IP geolocation service, and isn't something you can use just because you're familiar with the term, regardless of if the application is free/open source/whatever. While you likely mean well, MaxMind has a legal and practical obligation to defend their mark, which means issuing C&Ds for people who are using it without a license to do so.
    - mitak 8y ago
      I agree from an ethical point of view and will change the domain. > Everyone says "Google" to mean "do an internet search". It's still a registered trademark and you can't promote your own product using that name. You're right, but there are counterexamples. [I'm not a lawyer but...] There is such a thing as a "generic trademark" where former trademarks like "Escalator", "Thermos", "Hovercraft", "Videotape", "Teleprompter", "Aspirin" etc. have been "genericized". Apparently Google won their lawsuit because "Google" is a very distinctive word. For me "geoip" felt/sounded generic and I see a lot of geolocation plugins and services using the term in their names, descriptions, etc.
      - Terretta 8y ago
        Very selective counter examples. The list of ‘nope, still protected’ is longer, including Kleenex and bubble wrap. https://en.m.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks https://en.m.wikipedia.org/wiki/List_of_generic_and_generici... And contrary to Wikipedia, I think you’ll find only Thermos gets away with Thermos. The term geoip is certainly theirs. While we offered competing techniques built into our service, they were the first I heard use that. Then everyone subscribed their DB and called it that.
floatingatoll 8y ago
If I was MaxMind, I’d also be filing an ICANN trademark claim to takeover control of that domain from you.
- alam2000 8y ago
  It takes longer time through ICANN. Ceast and desist is the cheaper and faster way.
  - floatingatoll 8y ago
    Cease and desist does not result in control of GEOIP.APP, but is absolutely useful as a stopgap while the ICANN paperwork goes through.
- mitak 8y ago
  I wonder why they haven't done anything about geoip.com
  - floatingatoll 8y ago
    Because it was registered four years before their trademark, and thus they have no right to it: GEOIP.COM Creation Date: 2000-04-07T17:58:45Z Word Mark: GEOIP Registration Date: October 26, 2004
erulabs 8y ago
Time for pioeg.com? This is a good idea, but I believe this service is also one of the things they charge for, and they do own the rights. Sorry mate :(
Operyl 8y ago
Hate to say it, but I wouldn't really consider this trolling.
Malp 8y ago
They do in fact own the term GeoIP (http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?Search_Arg=Geoip&Search_Code=TALL&PID=4cQjd5vOeUpvKwEgAdAu6nVdwEEFD&SEQ=20190102160730&CNT=25&HIST=1 http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?Search_Arg=Ge...), so it looks like renaming and migrating to a new domain name is your best option.
piyh 8y ago
time to register geographicIP.app
T3RMINATED 8y ago
Lets all buy GeoIP domains

16 points by mitak 8y ago

rajacombinator 8y ago

Seems pretty legit to me, ie. not simply “trolling” ... (IANAL)

deleted 8y ago

[deleted]

cheald 8y ago

http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&frame=&sno=78229697 http://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel... Not trolling. That's their IP. I wouldn't fight that fight.

mitak 8y ago
Ah I see :( Doesn't everyone say "geoip" though? / how else would we describe such a service? I thought there was something against trademarking commonly used words that describe generic things. No plans to fight it. But it seems brutal... considering geoip.app is free/open-source/non-commercial, links to their site for those interested in licensing more accurate data, and "geoip" seems to be in use elsewhere (e.g. geoip.com).
- p49k 8y ago
  > how else would we describe such a service? IP-based Geolocation? There are multiple portmanteaus that can be made from the phrase; you could use one of those instead of using the one they made.
  - mitak 8y ago
    Will do.
- cheald 8y ago
  Everyone says "Google" to mean "do an internet search". It's still a registered trademark and you can't promote your own product using that name. The term "IP address geolocation" is common and descriptive enough, and isn't trademarked. The mark "GeoIP" is MaxMind's trademark for their particular IP geolocation service, and isn't something you can use just because you're familiar with the term, regardless of if the application is free/open source/whatever. While you likely mean well, MaxMind has a legal and practical obligation to defend their mark, which means issuing C&Ds for people who are using it without a license to do so.
  - mitak 8y ago
    I agree from an ethical point of view and will change the domain. > Everyone says "Google" to mean "do an internet search". It's still a registered trademark and you can't promote your own product using that name. You're right, but there are counterexamples. [I'm not a lawyer but...] There is such a thing as a "generic trademark" where former trademarks like "Escalator", "Thermos", "Hovercraft", "Videotape", "Teleprompter", "Aspirin" etc. have been "genericized". Apparently Google won their lawsuit because "Google" is a very distinctive word. For me "geoip" felt/sounded generic and I see a lot of geolocation plugins and services using the term in their names, descriptions, etc.
    - Terretta 8y ago
      Very selective counter examples. The list of ‘nope, still protected’ is longer, including Kleenex and bubble wrap. https://en.m.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks https://en.m.wikipedia.org/wiki/List_of_generic_and_generici... And contrary to Wikipedia, I think you’ll find only Thermos gets away with Thermos. The term geoip is certainly theirs. While we offered competing techniques built into our service, they were the first I heard use that. Then everyone subscribed their DB and called it that.

floatingatoll 8y ago

If I was MaxMind, I’d also be filing an ICANN trademark claim to takeover control of that domain from you.

alam2000 8y ago
It takes longer time through ICANN. Ceast and desist is the cheaper and faster way.
- floatingatoll 8y ago
  Cease and desist does not result in control of GEOIP.APP, but is absolutely useful as a stopgap while the ICANN paperwork goes through.
mitak 8y ago
I wonder why they haven't done anything about geoip.com
- floatingatoll 8y ago
  Because it was registered four years before their trademark, and thus they have no right to it: GEOIP.COM Creation Date: 2000-04-07T17:58:45Z Word Mark: GEOIP Registration Date: October 26, 2004

erulabs 8y ago

Time for pioeg.com? This is a good idea, but I believe this service is also one of the things they charge for, and they do own the rights. Sorry mate :(

Operyl 8y ago

Hate to say it, but I wouldn't really consider this trolling.

Malp 8y ago

They do in fact own the term GeoIP (http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?Search_Arg=Geoip&Search_Code=TALL&PID=4cQjd5vOeUpvKwEgAdAu6nVdwEEFD&SEQ=20190102160730&CNT=25&HIST=1 http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?Search_Arg=Ge...), so it looks like renaming and migrating to a new domain name is your best option.

piyh 8y ago

time to register geographicIP.app

T3RMINATED 8y ago

Lets all buy GeoIP domains