Adobe protects Flash trademark, but at what cost?

adobe

The popular Flash stock site Flashden, has been ordered to remove Flash from their url and branding by the Adobe legal team (which I hope are not reading this blog). They have decided upon the rather awkward sounding Activeden.

Adobe have something of a tradition of aggressively protecting their apparent trademarks, even if the words are as common as “air” or “flash”. James Whittaker (freshAIRApps), Kelvin Luck (shAIR) and Geoff Stearns (flashObject) can all attest to this. Clearly the Adobe legal team has enough sway to make these sites change names – without much resistance.

Some of you will argue that Adobe has to do this, that is the only way to ensure the brand is not diluted. Its just a legal question that any large company would pursue. The problem is what all of these sites have in common is they were actively promoting Adobe brands. Flashden in particular is one of Adobe’s biggest evangelists, introducing more people to the Flash platform than any Adobe owned site could ever dream of.

Legal questions aside, these kind of actions do nothing for the goodwill of the very people who are looking to promote the technology. If Adobe can`t be more creative in enforcing these trademarks, many will soon become disillusioned with the company. Adobe must realise these seemingly ridiculous law suits are starting to make them look like the 800lb gorilla in the room.

The discussion so far...
Chris
10 months, 3 weeks ago

I don’t understand Adobe. They’re practically hurting themselves with this. Plus I think it’s really stupid having the possibility to copyright existen words like FLASH or AIR. It seems really stupid to me. Next we’ll all have to pay a dime for everytime we say flash :D.

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Gareth
10 months, 3 weeks ago

Chris, I agree. It makes little sense, its like when they were trying to stop people using Photoshop as a verb..

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bob
10 months, 3 weeks ago

“Clearly the Adobe legal team has enough sway to make these sites change names – without much resistance.”

you front up the legal costs and I’m sure they’ll be happy to resist.

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Gareth
10 months, 3 weeks ago

Bob – that`s what I meant be “sway” and Adobe acting as the 800lb gorilla.

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kires
10 months, 3 weeks ago

It’s plain stupid. And all of this after they’ve been using Flashden files: http://blog.flashden.net/general/adobecom-use-flashden-product/

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Gareth
10 months, 3 weeks ago

Kires, I think you are right,but maybe there is more to it. Its been suggested that they attacked the Air sites because they were competing with their own marketplace. Maybe Adobe wants to get into selling Flash stock files.

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giuseppe
10 months, 3 weeks ago

words are free.

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Iulian
10 months, 2 weeks ago

If the word “Flash” is a trademark, then couldn’t Envato have used the work “flash” to make “flashden” or “flashDen” ?

If “flash” is a common English word, it cannot possibly be restricted.

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flashmad
10 months, 2 weeks ago

lol my domain is flashmadblog . will they kick my ass??

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Wyvie
10 months, 1 week ago

Reminds me so much of when Virgin bashed their way through Australia (perhaps they did the whole world at the same time), destroying any company that had “Virgin” in the name. They ended up forcing renames of any company in Aus that started after Virgin did, even though it was a very long time before it became a known name over here. Car yards, chocolate manufacturers, all fell before the might that is an American company who thinks they run the world.

What gets me the most is that Flashkit and Flashearth and all those other places that come up earlier in Google searches seem to have been left alone.

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mpc
10 months ago

In my opinion Adobe wants to extend their marketplace and they will sell Flash files so the first think to do is to get rid of competitors.

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Gareth
10 months ago

I think you are probably right.

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