+geopug Posted July 10, 2003 Share Posted July 10, 2003 The Palm Beach Post ran a story on geocaching today, and is setting up 4 caches to be posted on their web site this weekend. Read about it here: http://www.palmbeachpost.com/accent/content/accent/local/geocaching_index.html Quote Link to comment
Swagger Posted July 10, 2003 Share Posted July 10, 2003 This creates an interesting situation. In September, 2002, Grounded, Inc. was granted a trademark for the word "GEOCACHING" in the context of "Providing on-line information for a GPS based treasure hunting game." Now, the Palm Beach Post appears (to me) to be infringing on that trademark. It makes me wonder how vigorously Grounded will be protecting their mark, now and in the future. Don't get me wrong, I hate seeing things get all lawyerly (I'm currently involved in a trademark infringement suit and know that they're a pain in the arse), but this is the world we live in, and with the popularity of geocaching taking off the way it is, if they don't protect their mark now then they won't have a leg to stand on when everybody and their brother is trying to make money using the word "geocaching" later on. Can't forget the obligatory disclaimer: I am not a lawyer. Disregard everything I said. -- Random quote: Quote Link to comment
+Spzzmoose Posted July 10, 2003 Share Posted July 10, 2003 I was just thinking the same thing cruzin... Quote Link to comment
+Prime Suspect Posted July 10, 2003 Share Posted July 10, 2003 quote:Originally posted by Cruzin!:This creates an interesting situation. In September, 2002, Grounded, Inc. was granted a trademark for the word "GEOCACHING" in the context of "Providing on-line information for a GPS based treasure hunting game." Now, the Palm Beach Post appears (to me) to be infringing on that trademark. It makes me wonder how vigorously Grounded will be protecting their mark, now and in the future. They haven't infringed on anything, yet. The term "geocaching" was only used in the news story, which is protected by the 1st Amendment. While you might make a case that they should have used geocaching® or geocaching™, it's a little late in the day to be trying to press the point, since it's appeared in print countless times without a ® or ™ by it. "Don't mess with a geocacher. We know all the best places to hide a body." Quote Link to comment
Swagger Posted July 10, 2003 Share Posted July 10, 2003 It's a close call. I suppose that since they haven't *yet* disclosed any coordinates, they haven't put the name to use in business. Come Saturday, though, I can almost guarantee that you'll see it. The phrase "Ready to try your hand at geocaching? Then play along as The Palm Beach Post creates its own version of this new high-tech adventure" seems clear enough - now all they have to do is post coords. Obligatory disclaimer: I am not a lawyer. Disregard everything I said. -- Random quote: Quote Link to comment
+Mopar Posted July 10, 2003 Share Posted July 10, 2003 I could be wrong, but I seem to remember when this 1st came up some years ago, that the trademark is for merchandising items and the website. Geocaching as related to a game is used in various other (competing) websites, and is even listed in some newer dictionaries. Tae-Kwon-Leap is not a path to a door, but a road leading forever towards the horizon. Quote Link to comment
Swagger Posted July 10, 2003 Share Posted July 10, 2003 It's for merchandise as well as an information service. Here's the full mark: quote:Word Mark GEOCACHING Goods and Services IC 041. US 100 101 107. G & S: Providing on-line information for a GPS based treasure hunting game. FIRST USE: 20000801. FIRST USE IN COMMERCE: 20000801 IC 025. US 022 039. G & S: Clothing, namely shirts, hats, vests, jackets, shoes and pants. FIRST USE: 20000801. FIRST USE IN COMMERCE: 20010126 Mark Drawing Code (1) TYPED DRAWING Serial Number 78045228 Filing Date January 26, 2001 Supplemental Register Date February 20, 2002 Registration Number 2619174 Registration Date September 10, 2002 Owner (REGISTRANT) GROUNDED INC. CORPORATION WASHINGTON 2111 3RD AVENUE WEST SEATTLE WASHINGTON 98119 Type of Mark TRADEMARK. SERVICE MARK Register SUPPLEMENTAL Live/Dead Indicator LIVE You can look it up at http://www.uspto.gov/ . Obviously, a news article is free and clear, but as soon as the newspaper company starts placing caches and posting the coords, they're in direct competition with Groundspeak, using Groundspeak's TM to promote their own caches. -- Random quote: Quote Link to comment
+geopug Posted July 11, 2003 Author Share Posted July 11, 2003 Never expected this thread to turn into a legal discussion when I posted it, but I have to point out that the other website mentioned in the newspaper article also uses the word geocaching throughout their web pages. Unless they have been granted permission to use it, it does not appear that in the context of running a treasure hunting game, Grounded Inc is trying very hard to protect the trademark. I also don't see anything on the geocaching.com web site that would inform anyone that "geocaching" is a trademark, and actually I would think since they make a pretty big deal on the usage of the logo (http://www.geocaching.com/about/logousage.asp ) they would also do the same for the word geocaching. On the logo page you will find that the term geocaching is referred to very generically, it never even hints that the term is also protected in any way. Quote Link to comment
FISUR Posted July 11, 2003 Share Posted July 11, 2003 I seem to recall that several months ago Jeremy indicated in the forums that although Groundspeak did get a trademark for the word geocaching, they will not pursue any legal action in regard to use of the word and that others should feel free to use the term. However, Groundspeak will aggressively seek to protect the geocaching.com logo trademark. So I believe you can use the word, but if you are going to use their logo, be sure to check out their guidelines in that regard. It would be great if someone could markwell this. I couldn't find the previous thread after a quick check, and I'm running late for work. FISUR Rhode Island Geocaching Quote Link to comment
+Frolickin Posted July 11, 2003 Share Posted July 11, 2003 quote:Originally posted by FISUR:I seem to recall that several months ago Jeremy indicated in the forums that although Groundspeak did get a trademark for the word geocaching, they will not pursue any legal action in regard to use of the word and that others should feel free to use the term. 04 June 2001 1. Geocaching Trademark - Yes, I did file a trademark for Geocaching. My intent was to protect the name from being trademarked by some other entity, and enforced to remove the use of geocaching as the name of the game. If you check out netsaint.org (great program, by the way), you'll see the result of not claiming a trademark. Fortunately, the game has gotten enough press and the name is now widespread enough where it is unnecessary to protect the name. Therefore I am no longer pursuing the trademark, except as it related to sales of goods with the Geocaching logo designed by Grounded, Inc. You are free to use the word geocaching in any form you like. However, any creative of mine (logo, "you are the search engine" quote) is owned by Grounded, Inc. and me. Feel free to make your own logo and quote for the sport if you like. If you create a fan site and want to use my logo, as long as you have it link back to me I'm fine with it - just let me know out of common courtesy. Fro. ________________________________________ Geocaching . . . hiking with a purpose Quote Link to comment
FISUR Posted July 11, 2003 Share Posted July 11, 2003 Fro: Thanks for the link. The trademark issue in regard to the word geocaching is also briefly discussed by Jeremy on October 08, 2002. Rhode Island Geocaching Quote Link to comment
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