Unless Puppet Labs gets into the business of office/school supplies, I don't. Trademark protection is limited by the type of product, which is why "Apple" the computer company and "Apple" the Beatles record label were able to coexist (mostly) peacefully...until Apple Computer released a music player and entered the music business.
I'm going to extend myself way into pure speculation IANAL-land, but I'd guess that it depends on how common the term is and consumer confusion over similar use of the term in another context.
Sure, "apple" can't be protected everywhere in all contexts, just like "windows" can't be protected everywhere in all contexts... but what about naming your erectile dysfunction company "Microsoft"?
That's a word used as a specific name, not a commonly used word just being used as a name for a company in a different market. It would be pretty obvious that you're leveraging the popularity and consumer brand confusion of Microsoft.
In addition to the principle Karunamon mentioned, made up names have greater protection than words in common usage. Microsoft isn't as exotic as Xerox and Kodak, deliberately completely made up, but it still gets a greater degree of protection than, say, Apple.
In everything I've ever done or been involved with in startups, I'm not sure anything besides people was more complicated than trademark law.
Unfortunately, my Amazon search and Google fu isn't good enough to find the book I learned most of this from, but if you're really interested in this, it requires a book level and length treatment. E.g. did you known Owens Corning has a mark regarding the color pink? (Only, or at least originally in the context of insulation.)
Edit: right now Googling "trapper keeper" brings up the Mead product. That could change if this product gets sufficient Google juice. I can't imagine that Mead would be happy about that.
Mead has annual revenues of $6 billion, so they could hire enough lawyers to make life plenty miserable, even if they didn't wind up winning in the end.
Comments
Unless Puppet Labs gets into the business of office/school supplies, I don't. Trademark protection is limited by the type of product, which is why "Apple" the computer company and "Apple" the Beatles record label were able to coexist (mostly) peacefully...until Apple Computer released a music player and entered the music business.
I'm going to extend myself way into pure speculation IANAL-land, but I'd guess that it depends on how common the term is and consumer confusion over similar use of the term in another context.
Sure, "apple" can't be protected everywhere in all contexts, just like "windows" can't be protected everywhere in all contexts... but what about naming your erectile dysfunction company "Microsoft"?
That's a word used as a specific name, not a commonly used word just being used as a name for a company in a different market. It would be pretty obvious that you're leveraging the popularity and consumer brand confusion of Microsoft.
In addition to the principle Karunamon mentioned, made up names have greater protection than words in common usage. Microsoft isn't as exotic as Xerox and Kodak, deliberately completely made up, but it still gets a greater degree of protection than, say, Apple.
Well, karunamon seems to be disagreeing with me where you are agreeing with me. Any further clarification would be interesting. Thanks.
In everything I've ever done or been involved with in startups, I'm not sure anything besides people was more complicated than trademark law.
Unfortunately, my Amazon search and Google fu isn't good enough to find the book I learned most of this from, but if you're really interested in this, it requires a book level and length treatment. E.g. did you known Owens Corning has a mark regarding the color pink? (Only, or at least originally in the context of insulation.)
In between, I'm not sure, but try the usual suspects like Wikipedia: https://en.wikipedia.org/wiki/Trademark
That is a new one on me. I guess it makes sense though.. along those same lines, UPS has a trademark on a very specific shade of brown (hex 644117).
Nobody's going to go looking for paper organizers and end up on a programming website or vice versa.
Unless they Google it, you mean?
Edit: right now Googling "trapper keeper" brings up the Mead product. That could change if this product gets sufficient Google juice. I can't imagine that Mead would be happy about that.
Mead has annual revenues of $6 billion, so they could hire enough lawyers to make life plenty miserable, even if they didn't wind up winning in the end.