3 ms·
IANAL, but getpocket doesn't appear to have a trademark registration[0] (and I don't think they could since it's such a weak mark [1]). So they may be able to
by dsp1234 11y ago
IANAL, but getpocket doesn't appear to have a trademark registration[0] (and I don't think they could since it's such a weak mark [1]). So they may be able to get a design mark so that a similar logo can't be used, but it's entirely possible to use "pocket" for a similar service.
So while it may be "nice" to not use a similar name, it's doesn't appear to be required in this particular case.
[0] - http://tmsearch.uspto.gov/bin/showfield?f=toc&state=4807%3A5yyuil.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=live&p_tagrepl~%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=pocket&p_tagrepl~%3A=PARA2%24COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query http://tmsearch.uspto.gov/bin/showfield?f=toc&state=4807%3A5...
[1] - http://www.dmlp.org/legal-guide/naming-your-business-choosing-name-capable-trademark-protection http://www.dmlp.org/legal-guide/naming-your-business-choosin...
- zapier16 11y ago"Pocket" is trademarked by Pocket as it relates to similar services: The uspto's site make it hard to link to the actual registration but it's registration 4354899. It looks like they have trademarks for the word Pocket and it's logos. The word registration for example: http://tsdr.uspto.gov/#caseNumber=85540689&caseType=SERIAL_NO&searchType=statusSearch http://tsdr.uspto.gov/#caseNumber=85540689&caseType=SERIAL_N...
- dsp1234 11y agoYou're 100% correct. So my search wasn't exhaustive enough, and thus my assumptions and conclusion above are not correct.
- readme 11y agoPeople should do what is right whether it is legal or not. No one here said whether he was breaking the law. If he's gonna participate here then he should live up to the moral standard of HN. Not the laws of some country.
- afarrell 11y agoI get the objections to copyright and patent law, but is there a principled objection to trademark law that I'm missing here?
- idlewords 11y agoSites don't respond well to stuff that misleads users into thinking that they're using an offical product, and will take it down without regard for any legal arguments. I don't have a trademark for Pinboard, but getting stuff that uses my logo or site name removed has been dead easy the few times I've needed to do it.
- afarrell 11y agoYou might not have a Registered Trademark, but if you use a name or logo in commerce, you still have a common law trademark and still have protection against others in the industry using a name or logo that is confusingly similar.