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August 18, 2008 9:24 AM PDT

Dell refused 'cloud computing' trademark

by Stephanie Condon
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Dell's attempt to trademark the term "cloud computing" faced another setback last week after the U.S. Patent and Trademark Office sent the company a "non-final" refusal of its application.

The PTO informed Dell on August 12 that its registration of the trademark for the term "cloud computing" was refused because "the applied-for mark merely describes a feature and characteristic of applicant's services...In addition to being merely descriptive, the applied-for mark appears to be generic in connection with the identified services and, therefore, incapable of functioning as a source-identifier for applicant's services."

Although the term has been deemed too generic, Dell has six months to submit evidence or arguments in response to the PTO's decision before it is made final.

The PTO initially indicated Dell would receive the trademark on July 8 but revoked its decision on August 7.

Stephanie Condon is a staff writer for CNET News focused on the intersection of technology and politics. She is based in Washington, D.C. E-mail Stephanie.
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by alegr August 18, 2008 9:40 AM PDT
Did they apply to trademark "laptop computer" as well, att the same time?
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by trooper1968 August 18, 2008 9:45 AM PDT
Knowing the PTO they would probably get it!
That is the sad state of the US PTO!
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by fokkwp August 18, 2008 10:02 AM PDT
Now if they could trademark "porn" - man!
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by skillingssucks August 18, 2008 10:38 AM PDT
Michael Dell is a scumbag.
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by zmonster August 18, 2008 11:11 AM PDT
Maybe they can trademark the term 'water', and charge $0.01 for every usage. That's about the only way DELL is going to survive as a company. Michael Dell should close up the company and give the shareholders their money back before it's too late.
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by jhawk95 August 18, 2008 11:13 AM PDT
I think Michael Dell should sell the company while he still can and give the money to the shareholders.
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by jhawk95 August 18, 2008 11:15 AM PDT
I think Michael Dell should sell the company while he still can and give the money back to the shareholders.
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by MiamiWebDesigner August 22, 2008 4:46 AM PDT
Kudos to the Cloud Crowd for Re-Inventing the Wheel!

One thing 30 years in the IT industry has taught me is that the more things change, the more they stay the same. Another is that the only memory we seem to access is short-term. A third is that techno-marketeers rely on that, so they can put labels like "revolutionary" and "innovative" on platforms, products and services that are mere re-inventions of the wheel ... and often poor copies at that.

A good example is all the latest buzz about "Cloud Computing" in general and "SaaS" (software as a service) in particular:

http://tinyurl.com/6let8x

Both terms are bogus. The only true cloud computing takes place in aircraft. What they're actually referring to by "the cloud" is a large-scale and often remotely and/or centrally managed hardware platform. We have had those since the dawn of automated IT. IBM calls them "mainframes":

http://tinyurl.com/5kdhcb

The only innovation offered by today's cloud crowd is actually more of a speculation, i.e. that server farms can deliver the same solid performance as Big Iron. And even that's not original. Anyone remember Datapoint's ARCnet, or DEC's VAXclusters? Whatever happened to those guys, anyway...?

And as for SaaS, selling the sizzle while keeping the steak is a marketing ploy most rightfully accredited to society's oldest profession. Its first application in IT was (and for many still is) known as the "service bureau". And I don't mean the contemporary service bureau (mis)conception labelled "Service 2.0" by a Wikipedia contributor whose historical perspective is apparently constrained to four years:

http://tinyurl.com/5fpb8e

Instead, I mean the computer service bureau industry that spawned ADAPSO (the Association of Data Processing Service Organizations) in 1960, and whose chronology comprises a notable part of the IEEE's "Annals of the History of Computing":

http://tinyurl.com/5lvjdl

So ... for any of you slide rule-toting, pocket-protected keypunch-card cowboys who may be just coming out of a fifty-year coma, let me give you a quick IT update:

1. "Mainframe" is now "Cloud" (with concomitant ethereal substance).

2. "Terminal" is now "Web Browser" (with much cooler games, and infinitely more distractions).

3. "Service Bureau" is now "Saas" (but app upgrades are just as painful, and custom mods equally elusive).

4. Most IT buzzwords boil down to techno-hyped BS (just as they always have).

Bruce Arnold, Web Design Miami Florida
http://www.PervasivePersuasion.com
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