August 05, 2008

Dell defends its 'cloud computing' trademark bid

Dell is in nearly the final stretch of the U.S. Patent and Trademark Office approval process

Dell's trademark of the ubiquitous, commonly used term "cloud computing" is one of those eyebrow-raising events that immediately begs the question: How is that possible?

The simple answer is that Dell is proving that it is possible; the firm's in nearly the final stretch of the U.S. Patent and Trademark Office approval process.

[ Read the related story about Dell's bid to trademark "cloud computing" and learn more about what cloud computing really means and the new breed of utility computing and platform-as-a-service offerings. ]

David Frink, a Dell spokesman, defends the effort, noting that in the year since it applied for its the "cloud computing" trademark, no one has heretofore opposed it.

"The intent is to protect our intellectual property in our growing cloud computing business," said David Frink, a Dell spokesman. "Our intent is not to stop others from using the term."

The trademark was applied for at about the same time that Dell created the Dell Cloud Computing Solutions unit. It is the creation of that business that's the genesis of Dell's trademark, said Frink. The 2007 press release announcing the unit includes a trademark symbol on the name.

Frink said the trademark would not prevent others in the industry from using the term, except in the "narrow" definition it seeks, he said. That definition, in the trademark application, describes "the 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."

Pointing out that the definition Dell provided doesn't sound narrow, Frink went back to the point that company that its trademark has not been opposed.

Dell's application for the "cloud computing" trademark appears didn't get media attention until recently. The uproar may have been triggered by a post on a Google Groups cloud computing forum.

Whatever caused the controversy, it's late in the game. Dell's "cloud computing" trademark is in the trademark office's Notice of Allowance phase, nearly the final step. Once Dell shows that it is using this term, it will receive a Certificate of Registration.

That registration doesn't preclude further action by others. Third parties "can still petition to cancel the registration on the ground that the mark is merely descriptive," said Peter S. Sloane, an attorney at Ostrolenk Faber, an intellectual property law firm in New York, in an e-mail.

Sloan points out that Wikipedia defines cloud computing "as a 'style' of computing and a 'general concept.' "These definitions," he says, "are not consistent with any claim to exclusivity of the term as a trademark."

Joe Englander, an intellectual property attorney at Shutts & Bowen in Fort Lauderdale, Fla., also sees challenges ahead for the trademark. The term cloud computing is "generic" for computers that are connected to the Internet, he said.

Computerworld is an InfoWorld affiliate.

Close

On Twitter now

Business

Powered by Twitter

On Twitter now

additional resources
White Paper - How to Improve Delivery of Advanced Web Applications

White Paper

Virtual Workforce: The Key to Expanding The Business While Cutting Costs

Get the independent advice and expertise you need to support a virtual workforce.

Go inside:
The three-step approach to making a virtual workforce a reality.
The four flavors of client virtualization technologies.
The three key initiatives that solve IT challenges.
Download now »
White Paper: Successfully Secure Your Wireless LAN With Wi-Fi firewalls.

White Paper

Addressing Linux Threats Leveraging Fewer Resources

The increase in Linux popularity has increased the frequency and sophistication of malware attacks. Read this 2 page white paper now to learn how you can protect your Linux environment with real-time protection that is certified by all major Linux vendors.

Download now »
White Paper - The 2009 Handbook of Application Delivery

White Paper

The 2009 Handbook of Application Delivery

Ensuring acceptable application delivery will become even more difficult over the next few years. As a result, IT organizations need to ensure that the approach that they take to resolving the current application delivery challenges can scale to support the emerging challenges. This handbook elaborates on the key tasks associated with planning, optimization, management and control and provides decision criteria to help IT organizations choose appropriate solutions.

Download now »
White Paper - Is Your Backup System Outdated?

White Paper

Mid-range Storage Considerations

A common misconception is that mid-range storage requirements are dramatically different than that of a larger enterprise. Mid-range storage users may require less capacity, but they have similar functionality and management requirements. This ESG paper examines mid-range storage needs and reviews a new solution that adjusts size while retaining value, performance and functionality.

Download now »

Cloud Computing Report

Receive the latest cloud computing news and find out how to deliver it more effectively.

White paper

19 Things to Consider When Selecting an Exchange Provider

The list of vendors offering “hosted Microsoft Exchange” is practically endless, and seems to grow longer every day. This whitepaper provides information to help you identify the issues that are most important to you and offers a guide to help you narrow the field.

Download now! »

White paper

Hosted Services: Providing SMBs with Access to Advanced Technology

This paper examines the potential value of hosted infrastructure and applications for SMBs and discusses the role that Apptix has in providing hosted services to this market segment.

Download now! »

White paper

Combating "Hostaphobia"

Hosted services enable companies of all sizes to outsource their IT needs and spend less time worrying about technology–while avoiding having physical servers in their offices. This paper was designed to provide education into the causes of hostaphobia, as well as detailed options for treatment.

Download now! »
©1994-2010 Infoworld, Inc.