Dell Inc. Trademark #77139082 (Classes 40, 42): CLOUD COMPUTING

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Sam Johnston

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Aug 1, 2008, 10:05:05 AM8/1/08
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Afternoon all,

While researching recently I spotted something curious - a trademark (™) symbol associated with 'Cloud Computing' in a Dell press release. I assumed it applied to the term 'Dell Cloud Computing' but just to be sure I did a quick trademark (TESS) search at USPTO, results below (along with application and notice of allowance). I'm somewhat surprised (particularly in light of the Web 2.0 trademark debacle) but out of respect for the Dell people on this list I'm going to resist the (strong) urge to make comment here and leave you to draw your own conclusions; those who need to call their legal teams likely already did when they saw the subject (assuming they weren't already aware).

Sam

Dell Announces Cloud Computing Solution to Address Unique Needs of Hyper-Scale Data Centers

Company Forms Division to Drive Next Phase of Solutions for Businesses with the Largest Customized Scale-Out Infrastructures

Round Rock, Texas, March 27, 2007

Dell today announced the availability of the Dell Cloud ComputingTM  Solution, the first offering developed by its new business unit – the Dell Data Center Solutions Division.<snip>


Mark Image
Word Mark CLOUD COMPUTING
Goods and Services IC 040. US 100 103 106. G & S: Custom manufacture of computer hardware for use in data centers and mega-scale computing environments for others

IC 042. US 100 101. G & S: Design of computer hardware for use in data centers and mega-scale computing environments for others; customization of computer hardware for use in data centers and mega-scale computing environments for others; design and development of networks for use in data centers and mega-scale computing environments for others; Consulting services for data centers and mega-scale computing environments in the fields of design, selection, implementation, customization and use of computer hardware and software systems for others; Consulting services for data centers and mega-scale computing environments in the fields of design, selection, implementation, customization and use of computer hardware and software systems for others

Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77139082
Filing Date March 23, 2007
Current Filing Basis 1B
Original Filing Basis 1B
Published for Opposition April 15, 2008
Owner (APPLICANT) Dell Inc. CORPORATION DELAWARE One Dell Way Round Rock TEXAS 78682
Attorney of Record Daniel J. Noonan
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "COMPUTING" APART FROM THE MARK AS SHOWN
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Document Description: Notice of Allowance
      Mail / Create Date: 08-Jul-2008



  

U.S. Patent and Trademark Office (USPTO)


NOTICE OF ALLOWANCE


NOTE:  If any data on this notice is incorrect, please fax a request for correction to the Intent to Use Unit at 571-273-9550.  Please include the serial number of your application on ALL correspondence with the USPTO.

ISSUE DATE:  Jul 8, 2008


DANIEL J. NOONAN
DELL LEGAL DEPARTMENT
ONE DELL WAY
RR1-33
ROUND ROCK, TX 78682


** IMPORTANT INFORMATION:  6 MONTH DEADLINE **

You filed the trademark application identified below based upon a bona fide intention to use the mark in commerce.  You must use the mark in commerce and file a Statement of Use (a.k.a. Allegation of Use) before the USPTO will register the mark.  You have six (6) MONTHS from the ISSUE DATE of this Notice of Allowance (NOA) to file either a Statement of Use, or if you are not yet using the mark in commerce, a Request for Extension of Time to File a Statement of use ("Extension Request").   If you file an extension request, you must continue to file a new request every six months until the Statement of Use is filed.  Applicant may file a total of five (5) extension requests.  FAILURE TO FILE A REQUIRED DOCUMENT DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF YOUR APPLICATION. Please note that both the "Statement of Use " and "Extension Request" have many legal requirements including fees.  Therefore, we encourage use of the USPTO forms, available online at http://www.uspto.gov/teas/index.html (under "File a PRE-registration form"), to avoid the possible omission of important information.  Please note that the Trademark Electronic Application System (TEAS) provides line-by-line help instructions for completing the Extension Request or Statement of Use forms online.  If you do not have access to the Internet, you may call 1-800-786-9199 to request the printed form(s).

The following information should be reviewed for accuracy:

SERIAL NUMBER: 77/139082
MARK: CLOUD COMPUTING (STANDARD CHARACTER MARK)
OWNER: Dell Inc.
One Dell Way
Round Rock , TEXAS   78682

This application has the following bases, but not necessarily for all listed goods/services:

Section 1(a): NO Section 1(b): YES Section 44(e): NO

GOODS/SERVICES BY INTERNATIONAL CLASS

040 - Custom manufacture of computer hardware for use in data centers and mega-scale computing environments for others -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
042 - Design of computer hardware for use in data centers and mega-scale computing environments for others; customization of computer hardware for use in data centers and mega-scale computing environments for others; design and development of networks for use in data centers and mega-scale computing environments for others; Consulting services for data centers and mega-scale computing environments in the fields of design, selection, implementation, customization and use of computer hardware and software systems for others; Consulting services for data centers and mega-scale computing environments in the fields of design, selection, implementation, customization and use of computer hardware and software systems for others -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE

ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED







ADDITIONAL INFORMATION MAY BE PRESENT IN THE USPTO RECORDS


Document Description: Application
      Mail / Create Date: 23-Mar-2007

PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 09/30/2008)

Trademark/Service Mark Application, Principal Register

Serial Number: 77139082
Filing Date: 03/23/2007

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER77139082
MARK INFORMATION
*MARKCLOUD COMPUTING
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
LITERAL ELEMENTCLOUD COMPUTING
MARK STATEMENTThe mark consists of standard characters, without claim to any particular font, style, size, or color.
APPLICANT INFORMATION
*OWNER OF MARKDell Inc.
*STREETOne Dell Way
*CITYRound Rock
*STATE
(Required for U.S. applicants)
Texas
*COUNTRYUnited States
*ZIP/POSTAL CODE
(Required for U.S. applicants only)
78682
LEGAL ENTITY INFORMATION
*TYPECORPORATION
*STATE/COUNTRY OF INCORPORATION Delaware
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS042
DESCRIPTIONDesign of computer hardware for use in data centers and mega-scale computing environments for others; customization of computer hardware for use in data centers and mega-scale computing environments for others; design and development of networks for use in data centers and mega-scale computing environments for others; Consulting services for data centers and mega-scale computing environments in the fields of design, selection, implementation, customization and use of computer hardware and software systems for others; Consulting services for data centers and mega-scale computing environments in the fields of design, selection, implementation, customization and use of computer hardware and software systems for others.
FILING BASISSECTION 1(b)
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS040
DESCRIPTIONCustom manufacture of computer hardware for use in data centers and mega-scale computing environments for others
FILING BASISSECTION 1(b)
ATTORNEY INFORMATION
NAME Daniel J. Noonan
FIRM NAME Dell Legal Department
STREET One Dell Way
INTERNAL ADDRESS RR1-33
CITY Round Rock
STATE Texas
COUNTRY United States
ZIP/POSTAL CODE 78682
PHONE 512-723-6483
FAX 512-283-6483
EMAIL ADDRESS dan_n...@dell.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
OTHER APPOINTED ATTORNEY Anna Kuhn, Allison McDade, Kelly Walton
CORRESPONDENCE INFORMATION
NAME Daniel J. Noonan
FIRM NAMEDell Legal Department
STREETOne Dell Way
INTERNAL ADDRESS RR1-33
CITY Round Rock
STATETexas
COUNTRY United States
ZIP/POSTAL CODE78682
PHONE 512-723-6483
FAX 512-283-6483
EMAIL ADDRESS dan_n...@dell.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
FEE INFORMATION
NUMBER OF CLASSES2
FEE PER CLASS325
TOTAL FEE DUE650
SIGNATURE INFORMATION
SIGNATURE /mhmillican/
SIGNATORY'S NAME Max Helen Millican
SIGNATORY'S POSITION Authorized Representative
DATE SIGNED 03/23/2007
FILING INFORMATION SECTION
SUBMIT DATE Fri Mar 23 16:28:19 EDT 2007
TEAS STAMP USPTO/BAS-166.214.115.239
-20070323162819792486-771
39082-370616150b2ed177985
523a6ea8cc01aa-DA-422-200
70323161143163513



PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 09/30/2008)


Trademark/Service Mark Application, Principal Register

Serial Number: 77139082
Filing Date: 03/23/2007

To the Commissioner for Trademarks:

MARK: CLOUD COMPUTING (Standard Characters, see mark)
The literal element of the mark consists of CLOUD COMPUTING. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Dell Inc., a corporation of Delaware, having an address of One Dell Way, Round Rock, Texas, United States, 78682, requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended.

       International Class 042:  Design of computer hardware for use in data centers and mega-scale computing environments for others; customization of computer hardware for use in data centers and mega-scale computing environments for others; design and development of networks for use in data centers and mega-scale computing environments for others; Consulting services for data centers and mega-scale computing environments in the fields of design, selection, implementation, customization and use of computer hardware and software systems for others; Consulting services for data centers and mega-scale computing environments in the fields of design, selection, implementation, customization and use of computer hardware and software systems for others.
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 040:  Custom manufacture of computer hardware for use in data centers and mega-scale computing environments for others
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

The applicant hereby appoints Daniel J. Noonan and Anna Kuhn, Allison McDade, Kelly Walton of Dell Legal Department, RR1-33, One Dell Way, Round Rock, Texas, United States, 78682 to submit this application on behalf of the applicant.

Correspondence Information: Daniel J. Noonan

RR1-33

One Dell Way

Round Rock, Texas 78682

512-723-6483(phone)

512-283-6483(fax)

dan_n...@dell.com (authorized)

A fee payment in the amount of $650 will be submitted with the application, representing payment for 2 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.


Signature: /mhmillican/   Date Signed: 03/23/2007
Signatory's Name: Max Helen Millican
Signatory's Position: Authorized Representative



RAM Sale Number: 422
RAM Accounting Date: 03/26/2007

Serial Number: 77139082
Internet Transmission Date: Fri Mar 23 16:28:19 EDT 2007
TEAS Stamp: USPTO/BAS-166.214.115.239-20070323162819
792486-77139082-370616150b2ed177985523a6
ea8cc01aa-DA-422-20070323161143163513

Jesse L Silver

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Aug 1, 2008, 11:51:15 AM8/1/08
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Dell hasn't defended the trademark as far as I can tell, so I wouldn't take this too seriously.

Has anyone received a cease and desist letter from dell re: Cloud ComputingTM ?

Reuven Cohen

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Aug 1, 2008, 12:12:21 PM8/1/08
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I'll do some digging and see what I can find out from my contacts. Looks like they trademarked "cloud computing" more then a year after companies like Amazon and Google started using the term.

I've been using the term since August of 2006 when i first become involved in the EC2 project.

Reuven
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--

Reuven Cohen
Founder & Chief Technologist, Enomaly Inc.
www.enomaly.com :: 416 848 6036 x 1
skype: ruv.net // aol: ruv6

blog > www.elasticvapor.com
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Get Linked in> http://linkedin.com/pub/0/b72/7b4

Harry Wang

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Aug 1, 2008, 1:03:54 PM8/1/08
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This is great info. Thanks.

I think even though some people are using the term, but as long as they did not trademark it, they are not the legal owner? I'm not an expert, but that is what I thought how the system work. So if at any time Dell decides to collect from other companies who use that term, they have the legal right to do so. But can a term reach such popularity and no one company can own it?

Harry Wang

Shane

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Aug 1, 2008, 1:18:05 PM8/1/08
to Cloud Computing
In all of my trademark dealings, I have been told that the first use
of the trademark in interstate or international commerce is the
defining issue. Even after a trademark is 'Live', it can be
challenged. It still suprises me that the USPTO approved the
trademark filing though. Very unlikely that this will be an issue for
any of us. Could you imagine the backlash if Dell tried to enforce
their trademark ;)

-shane

On Aug 1, 10:03 am, "Harry Wang" <foreversold...@gmail.com> wrote:
> This is great info. Thanks.
>
> I think even though some people are using the term, but as long as they did
> not trademark it, they are not the legal owner? I'm not an expert, but that
> is what I thought how the system work. So if at any time Dell decides to
> collect from other companies who use that term, they have the legal right to
> do so. But can a term reach such popularity and no one company can own it?
>
> Harry Wang
>
>
>
> On Fri, Aug 1, 2008 at 9:12 AM, Reuven Cohen <r...@enomaly.com> wrote:
> > I'll do some digging and see what I can find out from my contacts. Looks
> > like they trademarked "cloud computing" more then a year after companies
> > like Amazon and Google started using the term.
>
> > I've been using the term since August of 2006 when i first become involved
> > in the EC2 project.
>
> > Reuven
>
> > On Fri, Aug 1, 2008 at 10:05 AM, Sam Johnston <s...@samj.net> wrote:
>
> >> Afternoon all,
>
> >> While researching recently I spotted something curious - a trademark (™)
> >> symbol associated with 'Cloud Computing' in a Dell press release. I assumed
> >> it applied to the term 'Dell Cloud Computing' but just to be sure I did a
> >> quick trademark (TESS<http://tess2.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk>)
> >> search at USPTO <http://uspto.gov/>, results below (along with
> >> application and notice of allowance). I'm somewhat surprised (particularly
> >> in light of the Web 2.0 trademark debacle<http://www.google.com/search?q=%22web+2.0%22+trademark>)
> >> but out of respect for the Dell people on this list I'm going to resist the
> >> (strong) urge to make comment here and leave you to draw your own
> >> conclusions; those who need to call their legal teams likely already did
> >> when they saw the subject (assuming they weren't already aware).
>
> >> Sam
>
> >> *Dell Announces Cloud Computing Solution to Address Unique Needs of
> >> Hyper-Scale Data Centers *
> >> Company Forms Division to Drive Next Phase of Solutions for Businesses
> >> with the Largest Customized Scale-Out Infrastructures
> >> ------------------------------
> >> Round Rock, Texas, March 27, 2007
>
> >> Dell today announced the availability of the Dell Cloud ComputingTM
> >> Solution, the first offering developed by its new business unit – the Dell
> >> Data Center Solutions Division.<snip>
>
> >> [image: Mark Image]  *Word Mark * *CLOUD COMPUTING*  *Goods and Services* IC
> >> 040. US 100 103 106. G & S: Custom manufacture of computer hardware for use
> >> in data centers and mega-scale computing environments for others
>
> >> IC 042. US 100 101. G & S: Design of computer hardware for use in data
> >> centers and mega-scale computing environments for others; customization of
> >> computer hardware for use in data centers and mega-scale computing
> >> environments for others; design and development of networks for use in data
> >> centers and mega-scale computing environments for others; Consulting
> >> services for data centers and mega-scale computing environments in the
> >> fields of design, selection, implementation, customization and use of
> >> computer hardware and software systems for others; Consulting services for
> >> data centers and mega-scale computing environments in the fields of design,
> >> selection, implementation, customization and use of computer hardware and
> >> software systems for others
> >>   *Standard Characters Claimed*
> >>   *Mark Drawing Code* (4) STANDARD CHARACTER MARK  *Serial Number*
> >> 77139082  *Filing Date* March 23, 2007  *Current Filing Basis* 1B  *Original
> >> Filing Basis* 1B  *Published for Opposition* April 15, 2008  *Owner* (APPLICANT)
> >> Dell Inc. CORPORATION DELAWARE One Dell Way Round Rock TEXAS 78682  *Attorney
> >> of Record* Daniel J. Noonan  *Disclaimer* NO CLAIM IS MADE TO THE
> >> EXCLUSIVE RIGHT TO USE "COMPUTING" APART FROM THE MARK AS SHOWN  *Type of
> >> Mark* SERVICE MARK  *Register* PRINCIPAL  *Live/Dead Indicator* LIVE
> >> Document Description: *Notice of Allowance*
> >>       Mail / Create Date: *08-Jul-2008
> >> *
>
> >> *U.S. Patent and Trademark Office (USPTO) *
>
> >> * NOTICE OF ALLOWANCE *
>
> >>  NOTE:  If any data on this notice is incorrect, please fax a request for
> >> correction to the Intent to Use Unit at 571-273-9550.  Please include the
> >> serial number of your application on ALL correspondence with the USPTO.
>
> >>  *ISSUE DATE: * Jul 8, 2008
>
> >> DANIEL J. NOONAN
> >> DELL LEGAL DEPARTMENT
> >> ONE DELL WAY
> >> RR1-33
> >> ROUND ROCK, TX 78682
>
> >>   ** IMPORTANT INFORMATION:  6 MONTH DEADLINE **
>
> >>  You filed the trademark application identified below based upon a bona
> >> fide intention to use the mark in commerce.  You must use the mark in
> >> commerce and file a Statement of Use (a.k.a. Allegation of Use) before the
> >> USPTO will register the mark.  You have six (6) MONTHS from the ISSUE DATE
> >> of this Notice of Allowance (NOA) to file either a Statement of Use, or if
> >> you are not yet using the mark in commerce, a Request for Extension of Time
> >> to File a Statement of use ("Extension Request").   If you file an extension
> >> request, you must continue to file a new request every six months until the
> >> Statement of Use is filed.  Applicant may file a total of five (5) extension
> >> requests.  FAILURE TO FILE A REQUIRED DOCUMENT DURING THE APPROPRIATE TIME
> >> PERIOD WILL RESULT IN THE *ABANDONMENT* OF YOUR APPLICATION. Please note
> >> that both the "Statement of Use " and "Extension Request" have many legal
> >> requirements including fees.  Therefore, we encourage use of the USPTO
> >> forms, available online at *http://www.uspto.gov/teas/index.html*(under
> >> "File a PRE-registration form"), to avoid the possible omission of important
> >> information.  Please note that the Trademark Electronic Application System
> >> (TEAS) provides line-by-line help instructions for completing the Extension
> >> Request or Statement of Use forms online.  If you do not have access to the
> >> Internet, you may call 1-800-786-9199 to request the printed form(s).
>
> >> *The following information should be reviewed for accuracy: *
>
> >>    SERIAL NUMBER: 77/139082  MARK: CLOUD COMPUTING (STANDARD CHARACTER
> >> MARK)
> >>   OWNER: Dell Inc.
> >> One Dell Way
> >> Round Rock , TEXAS   78682
> >>  This application has the following bases, but not necessarily for all
> >> listed goods/services:
> >> Section 1(a): NO Section 1(b): YES Section 44(e): NO
>
> >> *GOODS/SERVICES BY INTERNATIONAL CLASS*
>
> >>   040 - Custom manufacture of computer hardware for use in data centers
> >> and mega-scale computing environments for others -- FIRST USE DATE: NONE; --
> >> USE IN COMMERCE DATE: NONE  042 - Design of computer hardware for use in
> >> data centers and mega-scale computing environments for others; customization
> >> of computer hardware for use in data centers and mega-scale computing
> >> environments for others; design and development of networks for use in data
> >> centers and mega-scale computing environments for others; Consulting
> >> services for data centers and mega-scale computing environments in the
> >> fields of design, selection, implementation, customization and use of
> >> computer hardware and software systems for others; Consulting services for
> >> data centers and mega-scale computing environments in the fields of design,
> >> selection, implementation, customization and use of computer hardware and
> >> software systems for others -- FIRST USE DATE: NONE; -- USE IN COMMERCE
> >> DATE: NONE
>
> >> ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED
>
> >> ------------------------------
>
> >> *ADDITIONAL INFORMATION MAY BE PRESENT IN THE USPTO RECORDS*
> >>       <http://portal.uspto.gov/external/portal/tow>
> >> Document Description: *Application*
> >>       Mail / Create Date: *23-Mar-2007
>
> >> *PTO Form 1478 (Rev 9/2006)  OMB No. 0651-0009 (Exp 09/30/2008)  Trademark/Service
> >> Mark Application, Principal Register  *Serial Number: **77139082*  *Filing
> >> Date: **03/23/2007*
> >> ------------------------------
> >> The table below presents the data as entered.
> >>   Input Field Entered  *SERIAL NUMBER*77139082  *MARK INFORMATION*  ***
> >> MARKCLOUD COMPUTING  STANDARD CHARACTERS YES  USPTO-GENERATED IMAGE YES  LITERAL
> >> ELEMENTCLOUD COMPUTING  MARK STATEMENTThe mark consists of standard
> >> characters, without claim to any particular font, style, size, or color.
> >> *APPLICANT INFORMATION*  ***OWNER OF MARKDell Inc.  ***STREETOne Dell Way
> >> ***CITYRound Rock  ***STATE
> >> (Required for U.S. applicants)Texas  ***COUNTRYUnited States  ***ZIP/POSTAL
> >> CODE
> >> (Required for U.S. applicants only)78682  *LEGAL ENTITY INFORMATION*  ***
> >> TYPECORPORATION  ***STATE/COUNTRY OF INCORPORATION Delaware  *GOODS
> >> AND/OR SERVICES SECTION*  INTERNATIONAL CLASS042  DESCRIPTIONDesign of
> >> computer hardware for use in data centers and mega-scale computing
> >> environments for others; customization of computer hardware for use in data
> >> centers and mega-scale computing environments for others; design and
> >> development of networks for use in data centers and mega-scale computing
> >> environments for others; Consulting services for data centers and mega-scale
> >> computing environments in the fields of design, selection, implementation,
> >> customization and use of computer hardware and software systems for others;
> >> Consulting services for data centers and mega-scale computing environments
> >> in the fields of design, selection, implementation, customization and use of
> >> computer hardware and software systems for others.  FILING BASISSECTION
> >> 1(b)  *GOODS AND/OR SERVICES SECTION*  INTERNATIONAL CLASS040
> >> DESCRIPTIONCustom manufacture of computer hardware for use in data
> >> centers and mega-scale computing environments for others  FILING BASISSECTION
> >> 1(b)  *ATTORNEY INFORMATION*  NAME Daniel J. Noonan  FIRM NAME Dell Legal
> >> Department  STREET One Dell Way  INTERNAL ADDRESS RR1-33  CITY
>
> ...
>
> read more »- Hide quoted text -
>
> - Show quoted text -

Bob Lozano

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Aug 1, 2008, 3:20:36 PM8/1/08
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Using the term privately doesn't count - it has to be used "in trade". I did a search on "cloud computing 2006" and found this blog post from 8/23/06, which includes this quote from Eric Schmidt:

Schmidt embraces "an emergent new model":

It starts with the premise that the data services and architecture should be on servers. We call it cloud computing – they should be in a 'cloud' somewhere.

also found this post from November 2, 2006:

Idea #2: Get familiar with cloud computing

The days of dedicated servers are winding down.  Sometime in the next 10 years, there will only be main two types of servers:  those which exist as virtual servers in the cloud, and personal servers. 

I'm sure there are others where the term is used prior to the filing date, but finding these two so easily makes me wonder how this ever made it through the TM system, and 2) don't see how it could be successfully protected. Of course, I'm just a consumer of trademarks and am not a tm / patent counsel, ....

- Bob



--
Bob
hopeitis.com

Derek Sedlack

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Aug 1, 2008, 3:33:16 PM8/1/08
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I’m not an attorney either and agree to this point that the trademark, like a patent, must be applied within one year of use of the mark publicly (or even privately). Defense, as Jesse noted, will be the test of time with any patent, trademark, or service mark.

 

My patents all required disclosure of data “invented” or used. Too many companies have been using the term Cloud Computing, but, from I have read, no other manufacturing companies have been designing computers just for cloud use! If Dell is selling these computers just for cloud environments they probably have a good mark for use in this field, as truly ridiculous technically as that may sound to the participants of this list.

 

Derek

 



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Sam Johnston

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Aug 1, 2008, 3:33:52 PM8/1/08
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Hi Harry,

Like Reuven I've been preaching about Cloud Computing since at least 2006, and since I started using the cloud I haven't spared a thought for hardware, data centers or 'hyperscale' (whatever that is). That said I am sure there are a good number of people on this list who are breaking into cold sweats right now, and with good reason as unlike patents, prior art isn't kryptonite for trademarks... if I understand well the 30 day window for objections has long since passed.

Fortunately, while the application has been allowed it hasn't (yet) proceeded to registration; for that Dell apparently still need to file a 'statement of use'. Given one has to 'use it or lose it' (indeed they already are) it's hard to imagine this is a defensive maneuver, but it's not too late for them to do something sensible.

In any case this (defending against and holding/licensing trademarks) is something a cloud computing consortium, alliance, association or whatever could take care of,

Sam

Reuven Cohen

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Aug 1, 2008, 10:52:07 PM8/1/08
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Sam, looks like PCworld picked up your story,
http://www.pcworld.com/businesscenter/article/149304/dell_tries_to_trademark_cloud_computing.html

Maybe you'll get some credit next time. Nice work!

Reuven

Khazret Sapenov

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Aug 1, 2008, 11:10:26 PM8/1/08
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On Fri, Aug 1, 2008 at 10:52 PM, Reuven Cohen <r...@enomaly.com> wrote:
Sam, looks like PCworld picked up your story,
http://www.pcworld.com/businesscenter/article/149304/dell_tries_to_trademark_cloud_computing.html

Maybe you'll get some credit next time. Nice work!

Reuven
 
these "reporters" always forget to give credits
or refer to source and never bring any value to the group.
 
Looks like plagiarism is typical not only in high school :)
 

Reuven Cohen

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Aug 3, 2008, 10:34:49 AM8/3/08
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