Quote:
Originally Posted by johnqh
You think Jeopardy is not a valid trademark? Then Apple is not either.
You are so wrong on the trademark issues, that I don't even know how to begin. Let me try....you can not trademark something like "Audio Converter" for an audio conversion software. "Audio Converter" is generic words to DESCRIBE the functionalities. However, using generic words in a way which is not descriptive is totally a valid trademark, like "Apple" or "Jeopardy" or "Twist" or "Blackberry" or "Palm" ...
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Lets be clear I suggested that if there is any concern then he should avoid the risk. With regard to the specific example of Jeopardy it is actually Jeopardy! that is trademarked with an exclamation so again it depends on the context of how it is used. For example, if he chose Double Jeopardy or You are in Jeopardy he could perhaps be fine (check out what is Trademarked
here).
But to your point about general trademarks , I don't think your answer is entirely correct. True that using generic words in a non descriptive way can constitute a valid trademark but it does not necessarily give the holder the right to enforce it in EVERY case. If I created a game such as Apple picking or Blackberry farm or Palms Up I don't think I would not be infringing upon any trademarks. Could someone potentially send me a Cease and Desist as was the case with Tris? Sure - but when push comes to shove this would probably not hold up in court. Would love to hear other people's opinions on this because I don't think it is as clear cut as you think it is...
