Ask is lame

[janeth]

Startup Earth » Business News » Ask Won’t Ask Again.. Cease & Desist

Search underdog Ask (Ask.com Search Engine - Better Web Search) is apparently very unhappy with Palo-Alto based start-up, Askpedia.com for using the word “ask” in the name. Ask’s parent company, InterActiveCorp has issued a cease & desist order warning the fledgling start-up to remove any references to its intellectual property, stating…

“In using and incorporating Ask’s intellectual property in this manner, Askpedia is falsely suggesting a connection between Ask and Askpedia, and thereby misappropriating the substantial good will associated with Ask’s trademarks.”

I guess no one can have any domain names with the word ask in it.

[activeco]

I guess no one can have any domain names with the word ask in it.

Domain name, yes. Even a trademark.
But not if the activity is similar to their trademark.

Trademark Electronic Search System (TESS)

[janeth]

I don't see that it is the same.

Ask Questions, Answer Questions and Benefit from the Collective Knowledge and Experience of the Community!

And a name like ask would be for asking questions. I think I'll buy a name with ask in it and do the same thing.

[activeco]

To me it looks close enough to "likely cause consumer confusion, particularly inasmuch as Askpedia purports to provide online informational services that are substantially similar to those provided by Ask,".

But the judges are to decide.

[janeth]

But what else would you do with the name ask?

If it was Google I could understand the name Google and agree 100% but the name ask has been around a lot longer than ask.

[activeco]

It's not the name only. It is the name in combination with the (similar) services.
Look at the second link in post #2.

P.S. Bad link. My bad.

[janeth]

And I understand that but the name is ask.

Could I buy the name lawncare promote my lawn care business and keep anyone else in the lawn care business from using lawn or care in their names?

[activeco]

And I understand that but the name is ask.

Could I buy the name lawncare promote my lawn care business and keep anyone else in the lawn care business from using lawn or care in their names?

IMO not if the TM is the same as the common name of the relevant product or service.

But an "Apple" could have a TM for computers.
The same is valid for "ask" in online search services.

Tess is session based so to make my point more clear you can start the search here:
Trademark Electronic Search System (TESS)
then => "New User Form" ; into the 'Search Term': 75763395 ;the 'Filed' must be:'Serial or Registration number'

Do the same for e.g. 'Search Term':79018309 to see the difference.