Google News: Fair Use Hits the Fan

News.com story that Judy’s Book has received a patent both for the concept of Social Search and that term in particular.
Question in the comments: “I’m curious about whether you have gone after HappyHours.Com for billing themselves as “the Internet’s Only Social Search Engine” as far back as 1999.”
Hmmn…

Update: Okay, sorry–it’s a trademark not a patent…

Latest Comments

  1. Jeff Clavier says:

    They were actually awarded the trademark on “Social Search”, not the patent. And won’t do anything with it since a lot of companies are using that expression as a common term.

  2. Robert Hoffer says:

    Let’s not confuse Trademarks and Patents please.
    Little refresher courtesy of the USPTO:
    United States Patent and Trademark Office
    What is a Patent?
    A patent for an invention is a grant of a property right by the Government to the inventor (or his or her heirs or assigns), acting through the Patent and Trademark Office. The term of the patent shall be 20 years from the date on which the application for the patent was filed in the United States or, if the application contains a specific reference to an earlier filed application under 35 U.S.C. 120, 121 or 365(c), from the date the earliest such application was filed, subject to the payment of maintenance fees. The right conferred by the patent grant extends only throughout the United States and its territories and possessions.
    The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Most of the statements in the preceding paragraphs will be explained in greater detail in later sections.
    Some persons occasionally confuse patents, copyrights, and trademarks. Although there may be some resemblance in the rights of these three kinds of intellectual property, they are different and serve different purposes.
    Copyrights
    A copyright protects the writings of an author against copying. Literary, dramatic, musical and artistic works are included within the protection of the copyright law, which in some instances also confers performing and recording rights. The copyright protects the form of expression rather than to the subject matter of the writing. A description of a machine could be copyrighted as a writing, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered in the Copyright Office in the Library of Congress. Information concerning copyrights may be obtained from the Register of Copyrights, Library of Congress, Washington, D.C. 20559. (Telephone 202-707-3000)
    Trademarks/Servicemarks
    A trademark or servicemark relates to any word, name, symbol or device which is used in trade with goods or services to indicate the source or origin of the goods or services and to distinguish them from the goods or services of others. Trademark rights may be used to prevent others from using a confusingly similar mark but not to prevent others from making the same goods or from selling them under a non-confusing mark. Similar rights may be acquired in marks used in the sale or advertising of services (service marks). Trademarks and service marks which are used in interstate or foreign commerce may be registered in the Patent and Trademark Office. The procedure relating to the registration of trademarks and some general information concerning trademarks is given in a separate pamphlet entitled Basic Facts About Trademarks.

  3. Hugo E. Martin says:

    This move from WAN seems to me more symbolic than business – remember WAN is headquartered in France. If I can’t find a reference on news paper content in search engines, on feeds and/or tags aggregators, blogs, etc. they do not exist.
    Often we use search machines to reach an information on website we know, instead keying in that URL and having to search a long time to get this information.
    Newspaper asking (like anybody else providing content) for a fair share on revenue is another story and can / should (and will) succeed eventually.

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