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EU Rejects Spam Maker's Trademark Bid 231

kog777 writes "The producer of the canned pork product Spam has lost a bid to claim the word as a trademark for unsolicited e-mails. EU trademark officials rejected Hormel Foods Corp.'s appeal, dealing the company another setback in its struggle to prevent software companies from using the word 'spam' in their products, a practice it argued was diluting its brand name. The European Office of Trade Marks and Designs, noting that the vast majority of the hits yielded by a Google search for the word made no reference to the food, said that 'the most evident meaning of the term SPAM for the consumers ... will certainly be unsolicited, usually commercial e-mail, rather than a designation for canned spicy ham.'"
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EU Rejects Spam Maker's Trademark Bid

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  • by Anonymous Coward on Thursday October 12, 2006 @11:11AM (#16408731)
    You would be surprised if I told you how many people I know that make decisions based on the result of a Google Fight. Google has become the fortune teller or the magic 8 ball of our time.
  • Re:Well.... (Score:5, Insightful)

    by seanadams.com ( 463190 ) on Thursday October 12, 2006 @11:13AM (#16408751) Homepage

    indeed, what an obviously self-selected sample set. Asking the _internet_ to tell you what spam is?

    I reealize this was a European court and Spam is not popular over there, but imagine what you'd get if you asked, say 100 people as they walked through the canned meats section of a supermarket.

    That's about as ridiculous as asking google to tell you what it means on the internet. It's all about context.

    I don't think anyone would confuse spam with just email if you invited them over for a nice spam casserole. They'd just tell you they'd rather eat cat feces, which smells the same but tastes slightly better.
  • by BlabberMouth ( 672282 ) on Thursday October 12, 2006 @11:15AM (#16408785)
    that most people do not associate the term spam with the spicy canned meat? I think we are still far away from that actually occurring. They may have a point internationally. However, the term "spam" is still strongly associated with both unsolicited email and the ham product in most English speaking person's minds. That google has more hits for uncolicited email is irrelevant. Nevertheless, I do not think Hormel's mark has been diluted because this use is so completely different that has no real affect on its product.
  • Re:Number One (Score:5, Insightful)

    by k98sven ( 324383 ) on Thursday October 12, 2006 @11:15AM (#16408791) Journal
    Seems to me that would be a bad call for Hormel and the EU court, although I suspect the quote here has probably been taken out of context and given undue weight.

    Thing is, I see no reason at all for how a trademark could become genericized merely by becoming a common word for something completely different. (Python reference intended)

    The point, as I learned it, was that a trademark becomes generic when it becomes the generic term for that product. E.g. "Cola" is a generic term for a certain type of soft drink, but "Coca-Cola" is not.

    "Yo-yo" used to be a trademark for a specific kind of spinning toy, but they lost it when it became the generic term for that kind of toy.

    "Windows" is a generic term to begin with. But it wasn't (and still isn't) a generic term for operating system software.

    Now "Spam" is indeed threatened as a trademark, since people indeed are referring canned corned beef in general as "Spam". But I can't see any relevance in whether people use the same term to refer to unsolicited email or not. It's not like there is any risk the two 'products' would ever be confused.
  • by j00r0m4nc3r ( 959816 ) on Thursday October 12, 2006 @11:24AM (#16408903)
    I thought trademarks were sort of industry-specific anyway. Like how there could be a cartoon called Thunderbirds, and a car called a Thunderbird. Maybe I just don't understand trademarks...
  • RTFA (Score:3, Insightful)

    by tygt ( 792974 ) on Thursday October 12, 2006 @11:30AM (#16408991)
    I haven't seen a properly relevant posting here yet. From TFA:
    "has lost a bid to claim the word as a trademark for unsolicited e-mails ... We do not object to use of this slang term to describe (unsolicited commercial e-mail)," the company said on its Web site, "although we do object to the use of the word "spam" as a trademark and to the use of our product image in association with that term."
    They don't like the idea of anyone else having "spam" in a trademarked name; they were trying to assert trademark for unsolicited email (and thus be able to protect such a trademark). No doubt, they have a trademark for the (not-so) Spiced Ham, and the EU isn't questioning that. They just denied Spam's request for trademark over spam emails.
  • Re:Well.... (Score:3, Insightful)

    by Lonewolf666 ( 259450 ) on Thursday October 12, 2006 @11:34AM (#16409057)
    indeed, what an obviously self-selected sample set. Asking the _internet_ to tell you what spam is?

    I reealize this was a European court and Spam is not popular over there, but imagine what you'd get if you asked, say 100 people as they walked through the canned meats section of a supermarket.

    In an European supermarket?
    Of course you would meet many people that way who are not familiar with internet spam, but the "Hormel spam" is not very well known over here. I guess the definition of spam as unsolicited bulk e-mail would still win out.

    This said, the fact that spam is already a generic term among computer users should be reason enough to reject the trademark application as a trademark for unsolicited e-mails. Granting Hormel a trademark for spam as canned meat would still be OK, but that is not what they asked for.
  • Trademarks (Score:5, Insightful)

    by debrain ( 29228 ) on Thursday October 12, 2006 @11:39AM (#16409133) Journal
    Trademarks are a form of consumer protection. They allow you to buy Kellogg's Corn Flakes and get the product you are expecting, from the maker you presume to make it. The only real corporate protection is relatively incidental, being that it prevents competing and equivalent products from imitating the genuine article. So you have two purposes at work: consumer protection from confusion, and corporate protection from unfair competition arising from imitation.

    Does SPAM referring to "unsolicited email" confuse consumers, or misrepresent the corporate's product to unfairly compete? In this case the SPAM trademark applies to a canned meat product. The term is also in general use to refer to unsolicited email. They are separate industries, and consumers are unlikely to confuse unsolicited email with a canned meat product. Similarly, there are no concerns over unfair competition by imitation. Thus there is little harm to the consumer, nor a real concern to the corporation.

    Further, the SPAM trademark owners let the term become diluted over the years to the point where it is commonly accepted; had they intervened a decade ago, their arguments would have been stronger. They are likely statutorily obligated to actively protect their trademark rights. Even if not a statutory obligation, failing to protect their rights is prejudicial in the eyes of most courts.
  • Re:Number One (Score:5, Insightful)

    by Tony Hoyle ( 11698 ) <tmh@nodomain.org> on Thursday October 12, 2006 @11:57AM (#16409445) Homepage
    That's not what they were after.

    Hormel already have the tradmark for spam the meat product. They wanted the trademark for spam as unsolicited email as well.. The EU courts said no, which seems reasonable to me - that meaning of spam is part of the common language.

    It's the same as Microsoft asking a court to give them the trademark to 'Windows' meaning 'pieces of glass in the side of a house'. They wouldn't get it either (well, maybe in a US court, but not in an independent one).
  • by Banner ( 17158 ) on Thursday October 12, 2006 @12:31PM (#16409933) Journal
    I like Spam (the product not the email). Have you ever tried it? It's actually not bad. The term 'spam' for email has absolutely nothing to do with the taste of the product and whether or not people like it, (and from the number of sales and length of time on the market it is apparent that many people do like SPAM).

    It has to everything do with the Monty Python skit however. They're the ones (if anyone can be blamed) most responsible for the coining of the phrase. When I first heard the comment 'Spam Email' used, like pretty much all the other net geeks I associated it immediately with the skit, cause it was funny and all us net geeks watched Python.

    That the phrase is still in use twenty years later is rather surprising. I don't think anyone knows who the first computer user was to use the term, it's just one of those things that happened. But it has nothing to do with people's like or dislike of the product.
  • Re:Well.... (Score:5, Insightful)

    by Buran ( 150348 ) on Thursday October 12, 2006 @12:42PM (#16410113)
    Doesn't really matter. This is an example of how language changes over time. A word with one meaning this decade can have an entirely different one in the next, and once the new meaning is as firmly entrenched as "spam = junk email" is, there's no going back. I don't know what the point is of all the moaning about this (on Hormel's part)... if they wanted to complain they should have done it a long, long time ago before the meaning change became entrenched.

    Hormel, you're too late. About a decade too late. Stop trying to herd cats and spend your money on something that's actually achievable -- you certainly are not going to get anywhere here. The increasing backlash of corporatization of everything certainly won't help you either.
  • Re:Spam spam spam! (Score:3, Insightful)

    by omeomi ( 675045 ) on Thursday October 12, 2006 @01:28PM (#16410739) Homepage
    Spam (the food) always gets a bad rap, but when cut into patties and fried, I think it's pretty tasty. Haven't had it in a long time, though...
  • Re:Number One (Score:1, Insightful)

    by Anonymous Coward on Thursday October 12, 2006 @01:56PM (#16411161)
    I thought Spam was trademarked, not strong marked.

    As I recall, with trademarks, you own all usage rights for the word, be it food or mail or music or whatever. Trademarks tend to be given to unique names. For example, Sony is a made-up word (based on sonus, the Latin word for sound). Having a trademark on the name Sony means they could sell anything they want and use the name Sony to identify it and no one else can. They can sell whatever they want and call it a Sony.

    With strongmarks, you own the usage rights for the word only in a selected area. Strongmarks tend to be given to common names. For example, Nationwide is a common word. They have a strongmark on the word as it pertains to selling insurance only. Someone else named Nationwide could sell, say, cheese, and no one would confuse the two companies. Actually, I recall Apple Computers was sued by Apple Records when their computers started making sounds. I assume they thought that when people start thinking of Apple and sound, they would think of Apple Computers by mistake. So in a subtle defiance, as I've heard, Apple's first sound was Sosumi (So-Sue-Me). By a strange twist of fate, almost two decades later, people _do_ think Apple Computers when they think of Apple and sound.

    But, trademarks can take on a life of their own. Take for example, Jell-O, Band-Aid, and Coke. These are all trademarked brand-names that have made their way into common lexicon. Jell-O is not gelatin, but Jell-O makes gelatin. Band-Aid is not an adhesive bandage, but they make them. Coke is not a cola, however Coca-Cola makes them. When brand-named trademarks make their way into the common lexicon, people start to forget what they are... seriously.

    I watched a game show where they passed a ball back and forth and had people name words in a category. One category was: name flavors of Jell-O. They went back and forth name flavors: lemon, lime, orange, cherry, etc. Then after a few, one team said chocolate. *BUZZ* No, they said, chocolate is not a flavor of Jell-O. I was practically screaming at the television-- chocolate pudding is one of Jell-O's top flavors! But, as it goes, everyone in that show assumed Jell-O meant gelatin and since you don't see chocolate gelatin, they were wrong.

    I believe I've even heard about Band-Aid trying to protect they're trademark in the past, because, do you ask for a Band-Aid or bandage? (Now that works in their favor.) Now, if you ask for a Band-Aid, do you get a Band-Aid bandage or a generic bandage? (That works against them.)

    The Coke one I don't hear much in this area, but I hear in regions of the U.S., Coke has come to mean generic cola.

    So, if I were Hormel, of course I would be concerned. Spam-email, even though it's unrelated to food, detracts from their brand recognition of their product. Some people have never heard of Spam, but they've probably heard of spam-email. Heck, those people might even see Spam on the self one day and think _it's_ a rip off of spam-email trying to make a fast buck. (Hey, there are all kinds in this world and not all appreciate history.)

    If they really own a trademark on Spam, then no one can call bulk unsolicited mail spam without their permission. But, without doing research on this, I'm going to assume that either (1) they haven't been fighting this until recently (which I wonder about because I haven't heard much about them fighting this phenomenon before) or (2) as this is another country perhaps the laws on trademarks are different and they really do only own the name Spam like strongmark would function here.

    Anyway, those are my two cents.
    --Dave Romig, Jr.

A morsel of genuine history is a thing so rare as to be always valuable. -- Thomas Jefferson

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