Hacker News new | past | comments | ask | show | jobs | submit login

Maybe, but better if the trademarks were released to the public domain (however that could be achieved).





I don’t think you can have a public domain trademark; that doesn’t make sense with the concept. A trademark is specifically to identify the source of a product or service; if it were public domain and anyone could use it, its purpose would’ve been defeated.

Trademarks can become genericized, which is a bit like them falling into the public domain. (https://en.wikipedia.org/wiki/Generic_trademark) However I don't know if the owner of a trademark can legally make it generic.

> Trademarks can become genericized

That’s not the same thing. Trademarks become generalised terms in the public’s mind, not legally. Two people in conversation might refer to a non-Xerox photocopier as a Xerox, but a non-Xerox photocopier company can’t just advertise their products as being Xerox.

Additionally, from the wikipedia page you linked (emphasis mine):

> A trademark thus popularized is at risk of being challenged or revoked, unless the trademark owner works sufficiently to correct and prevent such broad use.

Which, again, goes directly counter to the idea of a public domain trademark.


It becomes legal if the trademark owner can no longer defend the trademark. The difference is that here the trademark owner would somehow have to guarantee they would no longer defend the trademark. We're not worried about perifractic, but what about if he dies and someone more litigious inherits the mark? The issue if how to legally say "I will no longer defend this mark, and this will be forever."

https://www.justia.com/intellectual-property/trademarks/stre...

When a trademark becomes "genericized," the trademark is lost and any other company can use it for their own products. The word "escalator" used to be a trademark and now anyone can sell escalators and market them as such.


I think it's a clever idea, an "open trademark".

Independent certification that something fits a brand but anyone is allowed to use the brand if they pass certification.

It would need a non-profit or government support though.

Things like "Organic" already do that a bit, but it doesn't work too well over there.


> Independent certification that something fits a brand but anyone is allowed to use the brand if they pass certification.

But then it’s not public domain (which was the argument I was replying to). Public domain means everyone can do it without permission, while applying for a certification still requires a governing body which has the ultimate power.

> Things like "Organic" already do that a bit

That’s a classification, not a trademark.


> Maybe, but better if the trademarks were released to the public domain (however that could be achieved).

How would that work? So anyone could release anything under the Commodore brand? That would be awful.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: