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12-31-2008, 11:19 AM
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Senior Member
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Join Date: Jan 2008
Zone: 8a
Location: Piney Woods of East Texas
Age: 46
Posts: 3,253
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What about - 'Chidarium?
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12-31-2008, 11:19 AM
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Senior Member
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Join Date: Feb 2007
Location: Winchester, UK
Posts: 2,993
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On a more serious note, given the wide number of references to this word in general literature and across countries throughout the world, I think it can be argued that 'genericity' factors in:
See:
Overview of Trademark Law
which states:
Quote:
Finally, a generic mark is a mark that describes the general category to which the underlying product belongs. For example, the term "Computer" is a generic term for computer equipment. Generic marks are entitled to no protection under trademark law. Thus, a manufacturer selling "Computer" brand computers (or "Apple" brand apples, etc.) would have no exclusive right to use that term with respect to that product. Generic terms are not protected by trademark law because they are simply too useful for identifying a particular product. Giving a single manufacturer control over use of the term would give that manufacturer too great a competitive advantage. Under some circumstances, terms that are not originally generic can become generic over time (a process called "cPanel®"), and thus become unprotected.
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Since trademarks need to registered in each country (from what I was able to find) this all gets more than a bit muddy when talking about an international forum!
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Post Thanks / Like - 2 Likes
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12-31-2008, 11:29 AM
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Senior Member
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Join Date: Apr 2006
Zone: 9a
Location: Spring Hill, FL
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I think the word is just too all-encompassing and I understand that the company did not threaten legal intentions, and of course nobody that has used the word to describe their big glass box has done so with the intention of selling it BUT now that we know for sure that there is a trademark on the name, I say let's stay away from it altogether and just use another word...
I personally just LOVE Royal's suggestion...
'CHIDARIUM!
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12-31-2008, 11:41 AM
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Join Date: Nov 2008
Location: Nonthaburi Thailand
Posts: 465
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12-31-2008, 11:47 AM
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Join Date: Feb 2007
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12-31-2008, 11:48 AM
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Join Date: Nov 2007
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Location: Jacksonville, Florida
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Happy New year to you too Roger!
Chidarium is good, it's easy to type and say....I can't call my big glass box thingy by a specific name because I grow all kinds of orchids in there....I could call it a Minidarium?Whatcha think?
WAIT WAIT.....I could call it my Phrogydarium...ribbit
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12-31-2008, 11:51 AM
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Join Date: Feb 2007
Location: Winchester, UK
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Now, that is worth trademarking!!
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12-31-2008, 11:56 AM
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Join Date: Apr 2006
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I like it!!!
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12-31-2008, 11:56 AM
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Senior Member
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Join Date: Nov 2008
Location: Nonthaburi Thailand
Posts: 465
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Fwoggydarium
5 minutes to go will it be a good year?
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12-31-2008, 11:59 AM
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Join Date: Dec 2008
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Location: Edison, NJ
Age: 40
Posts: 95
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Lucky you, who only keep orchids in your 'ariums...I'm going to have to settle for "carniv/orchido/bromeli/fernarium" I think that covers all of them, except the new Biophytum. Argh.
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