tag:blogger.com,1999:blog-5764290.post5273083187394252966..comments2024-03-22T08:01:16.236-04:00Comments on Rebecca Tushnet's 43(B)log: today's TM questionUnknownnoreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5764290.post-1702634478959817332011-06-16T09:34:09.991-04:002011-06-16T09:34:09.991-04:00John, I'm going to stick with descriptive, bec...John, I'm going to stick with descriptive, because it readily calls to mind the function of the feature--and I have in mind that early TTAB ruling on "retriever" for a search engine, when there was a sort of meaning contest about the relevant metaphors. Dropbox got into the game early enough that it both needed to communicate what it did by readily understandable analogy and also influenced the understanding of what its services were, both of which I would say are reasons to call the mark descriptive. (I'm pretty sure that Westlaw's TWEN education service also describes its "transfer a time-stamped file to your professor" function a dropbox, too, but I'll have to check.)<br /><br />That said, I do agree there's secondary meaning. I don't think there's a nominative fair use, since it isn't a comparison with Dropbox, but it might well be a descriptive fair use. Capitalization suggests use as a mark, but that's a pretty fine line.<br /><br />What are the good alternatives to "dropbox" for "file uploads that only authorized people can download"? Serious question: I don't know what the developing lingo is.RThttps://www.blogger.com/profile/00850241338827117087noreply@blogger.comtag:blogger.com,1999:blog-5764290.post-15662869863375471412011-06-16T09:03:18.381-04:002011-06-16T09:03:18.381-04:00I'm with Josh. I would categorize "DROPB...I'm with Josh. I would categorize "DROPBOX" as suggestive, not descriptive. The use of the term by the new service is misleading, at least to existing Dropbox customers, so there is some measure of secondary meaning there even if the term is considered descriptive. There are plenty of other terms the new service could use to describe its services. And the new service is not using the term to either compare its services to Dropbox's services or to refer to DropBox's services. So I don't see a fair use defense, either.John Ottavianihttps://www.blogger.com/profile/10212714778053010713noreply@blogger.comtag:blogger.com,1999:blog-5764290.post-62434452986790800682011-06-15T22:47:28.012-04:002011-06-15T22:47:28.012-04:00I had the same reaction you did. I don't see ...I had the same reaction you did. I don't see it as descriptive fair use. "Dropbox" is not generic enough, and the use of capitalization shows what their intent was . . .Josh Kinghttps://www.blogger.com/profile/00972029304959423978noreply@blogger.com