Comments on: Does “Competitive Forecasting” belong to NewsFutures? http://www.midasoracle.org/2008/10/24/competitive-forecasting-newsfutures/ Prediction Markets, etc. Thu, 02 Feb 2012 23:13:18 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Chris F. Masse http://www.midasoracle.org/2008/10/24/competitive-forecasting-newsfutures/#comment-22282 Chris F. Masse Sun, 26 Oct 2008 09:26:33 +0000 http://www.midasoracle.org/?p=10784#comment-22282 "In other words, the claimant would have to show that by dint of long exposure to its use in a commercial context, consumers had come to understand the mark not as a mere description but as the name of the claimant’s service." - I'd bet on "no". - Emile started off that brand in 2006 only, and other thinkers are using this term to mean other things. - “In other words, the claimant would have to show that by dint of long exposure to its use in a commercial context, consumers had come to understand the mark not as a mere description but as the name of the claimant’s service.”
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I’d bet on “no”.
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Emile started off that brand in 2006 only, and other thinkers are using this term to mean other things.
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]]> By: “Competitive Forecasting” (the brand which NewsFutures’ Emile Servan-Schreiber is so sanguine about) is probably more than a generic mark, it might well be a descriptive mark —provided X, Y and Z. | Midas Oracle .ORG http://www.midasoracle.org/2008/10/24/competitive-forecasting-newsfutures/#comment-22278 “Competitive Forecasting” (the brand which NewsFutures’ Emile Servan-Schreiber is so sanguine about) is probably more than a generic mark, it might well be a descriptive mark —provided X, Y and Z. | Midas Oracle .ORG Sun, 26 Oct 2008 09:12:39 +0000 http://www.midasoracle.org/?p=10784#comment-22278 [...] F. Masse October 26th, 2008 Tom W. Bell - (a law professor who have been following the field of prediction markets for [...] [...] F. Masse October 26th, 2008 Tom W. Bell – (a law professor who have been following the field of prediction markets for [...]

]]> By: Chris F. Masse http://www.midasoracle.org/2008/10/24/competitive-forecasting-newsfutures/#comment-22276 Chris F. Masse Sat, 25 Oct 2008 21:06:36 +0000 http://www.midasoracle.org/?p=10784#comment-22276 Very interesting comment, thanks a lot. Very interesting comment, thanks a lot.

]]> By: Tom W. Bell http://www.midasoracle.org/2008/10/24/competitive-forecasting-newsfutures/#comment-22275 Tom W. Bell Sat, 25 Oct 2008 15:39:12 +0000 http://www.midasoracle.org/?p=10784#comment-22275 I'm right here, Chris--a loyal reader! My two cents on "competitive forecasting":  It probably rises above a merely generic mark, which could never be protected, because it is not the commonplace name for the service to which it refers.  It more likely qualifies as a descriptive mark, and as such could be protected only if "secondary meaning" were proven.  In other words, the claimant would have to show that by dint of long exposure to its use in a commercial context, consumers had come to understand the mark not as a mere description but as the name of the claimant's service.  Whether or not "competitive forecasting" can meet that test remains a question of fact, of course. Caveat:  I speak only of U.S. law, though most common law countries follow similar principles. I’m right here, Chris–a loyal reader!

My two cents on “competitive forecasting”:  It probably rises above a merely generic mark, which could never be protected, because it is not the commonplace name for the service to which it refers.  It more likely qualifies as a descriptive mark, and as such could be protected only if “secondary meaning” were proven.  In other words, the claimant would have to show that by dint of long exposure to its use in a commercial context, consumers had come to understand the mark not as a mere description but as the name of the claimant’s service.  Whether or not “competitive forecasting” can meet that test remains a question of fact, of course.

Caveat:  I speak only of U.S. law, though most common law countries follow similar principles.

]]> By: Chris F. Masse http://www.midasoracle.org/2008/10/24/competitive-forecasting-newsfutures/#comment-22266 Chris F. Masse Fri, 24 Oct 2008 20:54:53 +0000 http://www.midasoracle.org/?p=10784#comment-22266 Congrats for being a pioneer. But that's only one aspect of the problematic. Let's say a company has "invented" this term, and is using it to describe a product. Now, let's say that scholars and people are now using this term to describe a class of products. Then, that company would lose its trademark (registered or not). If it's a common term, then it can't be a trademark. That's why I have always advised businesses to register trademarks that are not generic. Non-generic trademarks ("Nike", "Apple", "Philips", "HubDub", etc.) are more difficult to establish at first, but, long term, they win over weaker brands. Congrats for being a pioneer.
But that’s only one aspect of the problematic.
Let’s say a company has “invented” this term, and is using it to describe a product.
Now, let’s say that scholars and people are now using this term to describe a class of products.
Then, that company would lose its trademark (registered or not).
If it’s a common term, then it can’t be a trademark.
That’s why I have always advised businesses to register trademarks that are not generic. Non-generic trademarks (“Nike”, “Apple”, “Philips”, “HubDub”, etc.) are more difficult to establish at first, but, long term, they win over weaker brands.

]]> By: Emile Servan-Schreiber http://www.midasoracle.org/2008/10/24/competitive-forecasting-newsfutures/#comment-22265 Emile Servan-Schreiber Fri, 24 Oct 2008 20:25:53 +0000 http://www.midasoracle.org/?p=10784#comment-22265 It's pretty clear that NewsFutures invented the term back in 2006 to refer to a <em>specific </em>new collective prediction tool it started fielding at the time as an alternative to "prediction markets". It’s pretty clear that NewsFutures invented the term back in 2006 to refer to a specific new collective prediction tool it started fielding at the time as an alternative to “prediction markets”.

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