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by fleitz 4524 days ago
Windows, Apple, etc are all trademarked, pls stop being an arm chair lawyer and recognize there is a huge amount of precedent in using common english words to trademark things other than their common usage.

MS can trademark Windows in conjunction with computer interfaces, but not if they decide to make windows that go in houses. That's where the common usage trademark issue arises. Also, if like kerosene the word becomes common usage then the trademark can be revoked.

The law is nuanced, there is no blanket ban on trademarking words in common usage.

2 comments

Yes, I understand that. It just looks to me like a lack of much overlap between the products. In the case where the products don't overlap, if you are successful at legal action against the other product then it starts to look a lot more like "trademarking a word" rather than "trademarking a word as a name for a product that operates in X space", and one of these two things is much more irksome than the other. If it makes you feel any better, this is not my "legal opinion", this is my John Publik voter's opinion.
You should read up on Microsoft v Lindows.