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by icebraining 3706 days ago
The 'gram' prefix has been around for quite a while

So has "Apple", yet Apple was still sued by Apple and had to settle. A generic term may be trademarked as long as it doesn't describe the particular goods or services being sold.

2 comments

Apple Computers were rightly sued by Apple (the music company, Apple Records?) as the computer company was getting in to the area of music.

The suffix -gram is already well known from "telegram" and adopted in to other 'message sharing via different media' situations: cookiegram, kissogram, etc..

The Apple case is a million miles from Littergram vs. Instagram. If they'd tried to create "Binstagram" there would be a case to answer ...

I consider the chance of actual confusion (which FWIW isn't actually the measure normally used to judge infringement) to be practically zero.

But "gram" does describe service of sending pictures.
Not really. "gram" just means "written record". Mammogram, echocardiogram, sonogram, monogram - none have anything to do with "sending" or "pictures".
There is a messaging app called Telegram and they never went after that. This smacks of bullying.