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Related, Google wrote a blog post[1] on a similar topic in 2006. As far as I know they've successfully avoided genericide and a 2017 lawsuit[2] ended with a rul
by merelysounds 3y ago
Related, Google wrote a blog post[1] on a similar topic in 2006. As far as I know they've successfully avoided genericide and a 2017 lawsuit[2] ended with a ruling in their favor.
Also, unsurprisingly, Adobe has a whole section in their trademarks page about photoshopping[3]:
> Correct: The image was enhanced with Adobe® Photoshop® Elements software.
> Incorrect: The image was photoshopped.
[1]: https://googleblog.blogspot.com/2006/10/do-you-google.html https://googleblog.blogspot.com/2006/10/do-you-google.html
[2]: https://en.wikipedia.org/wiki/Google_litigation#Genericide_of_%22google%22 https://en.wikipedia.org/wiki/Google_litigation#Genericide_o...
[3]: https://www.adobe.com/legal/permissions/trademarks.html https://www.adobe.com/legal/permissions/trademarks.html
- throwaway494749 3y agoBe careful what you wish for. I've noticed that young people, who have to use Bing and Ecosia at school (or go straight to TikTok and rarely use search engines) no longer use Google as a verb. They say "search it up" instead of "Google it". Google (the word) is going from generic to specific/proprietary again.
- Faaak 3y ago> Correct: The image was enhanced with Adobe® Photoshop® Elements software. Dumb question: how would you pronounce this if you were saying it ? Specifically the ® symbol ?
- PopAlongKid 3y ago"R in circle". Just like copyright is "C in circle".
- Freak_NL 3y agoI can just imagine actors on some TV show saying this because the corporate sponsors demanded 'correct usage'.
- bitwize 3y agoIn Ren & Stimpy comics, Powdered Toast Man always referred to the product for which he was named as Powdered Toast® or Powdered Toast™. I always took that as a hint that he pronounced the marks somehow.
- PopAlongKid 3y agoWhy the downvotes for such a simple, factual statement that answered the question? If you do an internet search for the phrase "C in circle" you'll find it is a quite common way to describe this symbol. On the Wikipedia talk page, someone mentioned hearing this description in their school textbooks which were recorded in an audio version. Way back when I volunteered for Recording for the Blind (now Learning Ally) I recall that this was also the designated way to read this symbol.
- Gare 3y agoBy saying adobeisaregisteredtrademarkofadobecorporation very fast :)
- bitwize 3y agoUnicode's name for it is REGISTERED SIGN. It's usually silent when part of a brand name, though.
- dfxm12 3y agoI think it's an inflection thing. You unnaturally emphasize the word, pause a bit, and try to fight back conveying incredulousness with your facial expression.
- danaris 3y agoSilly-but-true answer: When I'm reading stuff like that aloud and wish to both be silly and make a point, I just read it as "registeredtrademark", very fast. Serious answer: You don't. You just leave it out in speech.
- Arrath 3y agoReference the end of radio advertisements where they blast through the tiny text very quickly.
- firebat45 3y agoGoing by the Velcro website, you should be saying "Adobe Brand Photoshop Brand Elements software". Ridiculous.
- lcnPylGDnU4H9OF 3y agohttps://law.justia.com/cases/federal/appellate-courts/ca9/15-15809/15-15809-2017-05-16.html https://law.justia.com/cases/federal/appellate-courts/ca9/15... (from wikipedia sources) > plaintiffs have failed to present sufficient evidence in this case to support a jury finding that the relevant public primarily understands the word "google" as a generic name for internet search engines and not as a mark identifying the Google search engine in particular. I wonder what kind of evidence might actually be used. My lived experience has me telling people that I googled something despite my default search engine being DDG on all of my devices. One can’t really present the myriad spoken conversations which include this use as evidence in court, so what would they do? Slightly aside: the “correct” examples that are given are always amusing but there’s something about Adobe’s double copyright symbol that hits me harder. That is too funny, not least because they’re 100% serious-face about it.
- phreack 3y agoLaw is weird, but in real life people use google as a verb meaning "search on the internet" every single time. When a public figure says something like "look it up on Google" instead of "google it" (and you an almost hear the © in the former), that almost always means they've been in long talks with Google representatives about an ad campaign and they urged the speaker to not use the brand as a verb.
- JohnFen 3y ago> I wonder what kind of evidence might actually be used. IANAL, but perhaps the dividing line isn't whether or not the term is commonly used as a generic one, but whether people are not generally aware that it's a brand name. I wasn't aware that "Velcro" was a brand name for a long time, for instance. I think the majority of people using "google" generically are also fully aware that "Google" is a brand name. So the evidence would be some sort of study showing that people think it's really generic?
- zuminator 3y agoI think in Google's favor, their service is so utterly dominant[0] as a search engine that when someone asks you to google something they have a high expectation that it will be done on Google. As opposed to someone asking you to hoover up a mess but they don't really form an internal model of which vacuum cleaner you'll use, or asking to "borrow" a kleenex with no concern as to which brand of tissue you give them. So even though you personally use DDG, surely there are still vastly more searches on Google than on all other search engines combined so there's no immediate danger of dilution. I do have a question though for people familiar with trademark law. Why can't they just do away with the trademark dilution rule? So what if I want to go "rollerblading" on pair of K2s [1]? Why should Rollerblade be at risk of losing their trademark? Who is being served by this rule? It just seems to incentivize litigious behavior. [0] https://gs.statcounter.com/search-engine-market-share https://gs.statcounter.com/search-engine-market-share (note that they easily beat all other search engines combined [1] https://www.goodhousekeeping.com/health-products/g46167391/best-rollerblades/ https://www.goodhousekeeping.com/health-products/g46167391/b... (Good Housekeeping has no problem genericizing rollerblade all throughout this article. Perhaps unlike Velcro, Nordica is ok with this?)
- JohnFen 3y ago> Correct: The image was enhanced with Adobe® Photoshop® Elements software. This makes me laugh every time I read it. Surely, even the lawyers at Adobe are fully aware that literally nobody is going to use that mouthful of a term (complete with ®s, even). I always wonder why they didn't come up with a replacement that would actually have a chance.
- NegativeK 3y agoPeople with enough reach to be worth suing will write it that way, or close enough.
- somedude895 3y agoBecause they don't care whether people actually do it, nor is it realistic that they would. I'm sure the person who wrote that "correct" option made it that silly on purpose and laughed on pushing Publish.
- aidenn0 3y ago> This makes me laugh every time I read it. Surely, even the lawyers at Adobe are fully aware that literally nobody is going to use that mouthful of a term (complete with ®s, even). I guarantee you marketing teams at Adobe will use that term.
- Dwedit 3y agoActual photo shops existed before Adobe Photoshop.
- deleted 3y ago[deleted]