Just a "heads up"...on orchidariums - Page 9 - Orchid Board

MuscleGirl'sHobby · #81 01-01-2009, 09:36 PM

Quote:

Originally Posted by cb977

Hi Nichole

While I agree with you...my loyalty is to the safe-keeping of Orchidboard.

I have no idea what, if any, repercussions could affect this forum and because of that lack of knowledge, I suggest we not allow this thread to become a source of negativity.

I know where you're coming from and I understand. I personally don't feel that one person (or comapny) should be allowed to bully a site. I concede that my post was angry, I had meant to note how creative and funny I thought several of the 'replacement' terms were. Especially the "orchid coffin"

But I was trying to make it fast as to not have the site log me out as I wrote a nice long post!

As for what repercussions could come to the site, or any members of this site by using the term.... I can go based on what I know about a similar case. I have been a member of bodybuilding.com which has a forum with a HUGE number of members (it's the biggest forum I've ever seen) and the company is the biggest online supplement retailer out there. They carry pretty much everything you could imagine. Anyhow, on their forums, members were bashing a specific company over product quality, advertsing claims and promoting other companies over them. This company sued the website and listed several usernames in the suit. The basis was slander, and issues pertaining to use of their product names (and a bit more to it). It was thrown out. They then tried to sue again using a different tactic. They sued to get the site to release the IP addresses of the usernames so they could go after those individuals separately, and it was also thrown out.

Now, having witnessed much of the fuss, I can tell you that the things being said were downright nasty, and got personal between forum members and company representatvies. It was actually a very ugly long and ongoing exchange that the moderators failed to stop. But, the bottom line was that it was freedom of speech on an online forum. People were free to use the company name and freely express their opinions of the products, as well as suggest better alternatives. No one involved was profiting from it.

Quote:

The fact is this...they have the trademark and have asked that it not be used to describe the boxes we grow our orchids in.

I say we can get along without that word...our members have come up with some great replacements already!

While I understand that it's easier to just use a different word, doing so is exactly why companies can get away with doing this to people. For me it's the principle of the matter. For many of us the use of this term is common place, and it is for that exact reason the law states that a trademark can not be a generic term. If a legally registered trademark does become a generic term (which happens regularly) it is no longer valid.

cb977 · #82 01-01-2009, 09:45 PM

Quote:

Now, having witnessed much of the fuss, I can tell you that the things being said were downright nasty, and got personal between forum members and company representatvies. It was actually a very ugly long and ongoing exchange that the moderators failed to stop. But, the bottom line was that it was freedom of speech on an online forum. People were free to use the company name and freely express their opinions of the products, as well as suggest better alternatives. No one involved was profiting from it.

Exactly

Nasty is one thing we don't do here on Orchidboard.
I'm not here to change the world or get into the politics of anything...

I'm here to enjoy orchids and my friends and the word nasty just isn't in our OB vocabulary...check the glossary

This is really an unimportant topic and as such we will get some kicks out of it and have some fun along the way. Let somebody else fight it out somewhere else.

Gin · #83 01-01-2009, 09:59 PM

O -darium ?? I still like Orchid Coffins ..

dounoharm · #84 01-04-2009, 01:36 PM

Orchidairyum

gixrj18 · #85 01-04-2009, 02:10 PM

Quote:

Originally Posted by dounoharm

Orchidairyum

That sounds like it stores milk!

Ranchnanny · #86 01-04-2009, 03:04 PM

How about 'Chidium'

I have one of those Orchidariums and I will use 'Chidium' from now on.

I have seen that word used on many sites and I am sure it was used long before he trademarked it

Sheridan

luckygrower · #87 01-04-2009, 05:46 PM

OK I have read everyone's comments and I am so frustrated and mad at this company, no business from me.
A little personnel history about myself. I'm a part time teacher at a trade school, teaching apprentices about the construction trade, and have been instrucuted by the school to be politicaly correct when referring to tools used in the trade, I said noway,you can fire me but I'm not politicaly correct, case in point, if I asked you for the slip jaw pliers would most of you know what I wanted but if I asked for the channel locks you would know. Channel lock is a registered and patented trade name but it is also used as a generic name used to describe a tool used everyday by tradesmen, I have not heard of any large company threating anyone for using their copyrighted term in a innocent manner.
I'M TO SET IN MY WAYS TO BE POLITICALLY CORRECT.
A kleenex is a kleenex, not a tissue, no matter what brand I buy, I'm sorry.
Mike

Ross · #88 01-04-2009, 06:00 PM

Mike, that is the point! I am glad for your post (even though I promised to not be baited to post any more to this thread

)

We are all saying (I think - I don't want to put any words in anyone's mouth) that this is rediculous. Some have offered evidence that common terms cannot be trademarked. Others have offered evidence that a "trade mark" is meant to prevent another company from seeking advantage from another company's advertizing. As you have so astutely stated, there are certain terms so engrained in US terminology, they should not be trademarkable. Channel Locks is one. Kleenex is another. Thermos bottle is another. I still say, the business model determines how well a company does, not whether we use the name some other way. Thermos probably doesn't care if we use that term to refer to all vacuum bottles.