Just a "heads up"...on orchidariums - Orchid Board

Ross · #1 (**permalink**) 12-30-2008, 07:43 PM

Just got this PM from a "member" (Riverside) with no posts, that you all might be interested in:

Quote:

Originally Posted by Riverside

Hello Ross,
I have just come across your interesting set-up for Orchid growing and like what you have done...There is one bit of contention I must raise though...it can not be called an "Orchidarium" My brother and I trademarked that name in 1994 when we formed Orchidarium Inc.
We have invested many years and efforts to establish the name and would expect that our customers would be confused to see your construction and think it was one of our models. We have had the web site orchidarium.com since 1995. I am sure you meant no injury, and I assure none is taken, but we have to protect our trademark or we can loose it. Others have done the same, always by innocent intent. Any other name would be good. I thank you for your attention.
Robert Jacobs, Pres/CEO Orchidarium Inc
Good Growing in the future

If correct, then we must all cease using this term. I prefer the word "tank"

I doubt anyone can copyright or register this term. Nowadays, I guess, everyone is after litigation if they can get it.

cb977 · #2 (**permalink**) 12-30-2008, 08:10 PM

Ross, I am in the process of researching this situation, and will post my findings when I have the exact information.

From my "orchidarium" search online, I found Orchidariums all over the world!

I find it sad that a company would object to their name being used in such a huge way...I'm just glad that I have a tank and didn't spend any money at their site.
Very unfortunate

jkofferdahl · #3 (**permalink**) 12-30-2008, 08:22 PM

Susanne - while I basically agree with your thoughts, I also have to look at how the brand name of other products has been taken in as a generic term, and so essentially taken away from the creator. When you sneeze you ask for a "kleenex" rather than a tissue, although "Kleenex" is a registered trademake for one particular tissue. When you want to make a copy of a document you "xerox" it, although "Xerox" is the name of one of the companies that makes photocopying machines (though you'd not ever "Canon", or "Ricoh", a document.) The man who refined the flushing toilet was named Thomas Crapper, and we all know what happened to the poor man's name as it came to be associated with the device! And my own first name, "John", has flushed the same unfortunate route as that of Mr. Crapper (although I personally would never stoop to using it).

I'm not saying that either side of this is right, but am wanting to help see why a company, which has worked hard to establish a product name, might want to protect the product name. Of course, they might also be full of crap!

Ross · #4 (**permalink**) 12-30-2008, 08:40 PM

Quote:

Originally Posted by jkofferdahl

Susanne - while I basically agree with your thoughts, I also have to look at how the brand name of other products has been taken in as a generic term, and so essentially taken away from the creator. When you sneeze you ask for a "kleenex" rather than a tissue, although "Kleenex" is a registered trademake for one particular tissue. When you want to make a copy of a document you "xerox" it, although "Xerox" is the name of one of the companies that makes photocopying machines (though you'd not ever "Canon", or "Ricoh", a document.) The man who refined the flushing toilet was named Thomas Crapper, and we all know what happened to the poor man's name as it came to be associated with the device! And my own first name, "John", has flushed the same unfortunate route as that of Mr. Crapper (although I personally would never stoop to using it).

I'm not saying that either side of this is right, but am wanting to help see why a company, which has worked hard to establish a product name, might want to protect the product name. Of course, they might also be full of crap!

You know, as a professional photographer, I am constantly on my kids to quit copying CDs and DVDs. I understand this very well. But our use of a term, here, has no effect on this company's business. In fact, this whole thing could backfire on them (because of folks avoiding the company.) The whole image of an "Orchidarium" as supplied by this company, may have been something useful, but not now. There is a huge difference between using a term or an image unlawfully and using it innocently as a reference. In fact, stable companies often cherish others using their logos and trademarks, because they add to the business. But when you have a weak business model, then, what do you expect?

dounoharm · #5 (**permalink**) 12-30-2008, 09:28 PM

i dont think this word is patentable....since the first wardian cases people have talked of thier orchidariums....that isnt a 'new' word....i think you are safe ross, lol...

cb977 · #6 (**permalink**) 12-30-2008, 09:30 PM

I am a big proponent of not using other people's images and I also believe that in our forum (or any forum) when something is copied, it should be done through the original link, not just copying the words.

By the way, I use "tissues" and I make "copies"

I understand a company wanting to protect it's name... the point I was making in my original post was that by doing a Google search for the word orchidarium, I came up with pages and pages of the word being used to describe the large areas in public botanical gardens in which the orchids are grown and a number of other references. If this company plans on contacting every person or place using the word orchidarium as a name, they have lots and lots of emails and/or letters to be sent out...internationally

I am in the process of contacting the trademark and copyright department to find out exactly what the deal is here. We don't want to go against any laws and I want to make sure we know the details before going any further.

*Okay, here's what I found...
there is a trademark on the name Orchidarium (which I find amazing with how often it is used), here's a link to the info:
Latest Status Info

WhiteRabbit · #7 (**permalink**) 12-30-2008, 10:09 PM

well I searched and found this ...

Trademark Electronic Search System (TESS)

not sure if its the same

it does annoy me that someone would object to the usage - you aren't 'selling' anything - and can't control common vernacular.

so - don't know if that link helps any ...
just was curious for myself mostly