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Lucas Mearian's picture
Lucas Mearian

To Tell the Truth

Kleenex has more in common with ThumbDrives than you think

It was an innocent enough mistake. I referred to USB flash drives in a recent article as "thumb drives." Then the letter from the lawyers arrived: "Our client is concerned with the inadvertent use of its mark." That mark, of course, being the term "ThumbDrive."

Who would have thunk it? Well, some maybe some would have, but not me. I mean, it's not like I was using the term kleenex -- oops, I mean Kleenex -- to describe tissue or anything as thoughtless as that. But it seems Trek 2000 International Ltd. coined the word "ThumbDrive" way back at the turn of the third millennium and they've been keeping a watchful eye on the Internet for misuse of said term ever since. A group of vendors even filed a lawsuit trying to break Trek's claim to a patent on the ThumbDrive. So this is serious stuff.

Now Trek wasn't being mean to Computerworld about the whole ThumbDrive issue. It's not like they were suing us for $10 million for not placing a "TM" sign after the term. They were simply asking us not to use “ThumbDrive” in the future unless it came in the same breath as Trek 2000. But I was still pretty shocked that someone had trademarked the term.

I mean, IBM could have trademarked the term HardDrive when they invented them 50 years ago (by the way, next month is the 50th anniversary of the hard drive -- so get your party hats on). I suppose Adam Osborne could have put a patent on the term LapTop back in 1981 when he decided PCs should be flat. But those folks didn't. The terms they used to describe products were just two words crunched together to make it easier for the rest of us users to identify technologies that are almost as generic as mother board and apple pie. By the way, I found a photo of the man who invented the laptop here. Watch, someone's going to tell me it's a fraud.

So, now I’m not sure how to feel about ThumbDrives. On one hand, I’m sure Trek put a lot of thought into the term. And, you have to admit, it’s a grabber. On the other hand, Dov Moran, over at M-Systems, invented the USB flash drive, and he didn’t trademark the term -- that I know of.

What People Are Saying

its hard to breathe there

its hard to breathe there for a tech company, you never know what @&& coined/copyrighted/trademarked/IPed a word, idea, tehcnology which didnt became popular after some people made it work real well and all over the world/Internet. a bunch of leeches.

You'd think they'd be happy

You'd think they'd be happy that their name had become synonymous with the technology. I'm sure the companies Hoover, WindSurfer and, of course, Kleenex, etc... are quite happy about the free plug whenever their names are used in this way.

Trek2000 is a desperate

Trek2000 is a desperate company that almsot went bankrupt litigating all over claiming that they invented the USB Flash Drive.

However, why are you so shocked? The fact that some companies fail to protect their IP does not take away from their right. Is ThumbDrive less unique than Kleenex?

Where IP is involved, IBM is the powerhouse, but the HardDrive is not the only example for their failure to protect their IP. IBM's internal disclosures, which used to be in the public domain, has the earliest known complete description of the USB Memory Key by Shmueli, Studwell, Kuhlman, and Nicholson, dated 9/99. IBM did not patent the Memory Key and later OEMed it from M-Systems.

What a bunch of lawsuit

What a bunch of lawsuit happy bunch they are. World problems and you're worried about which word I use. GROW UP! I think I'll trademark the name Smith and Smitty then watch everyone's use of the word.