Originally published on CyberInquirer.
In addition to being a trademark geek, I could be accurately accused of also being a tech geek. A "geek" is someone who loves using, and helping other people use, technology to help simplify his or her life. Best Buy, capitalizing on this endearing term for electronic lovers, created the Geek Squad, a tech support service. Their distinctive orange and black cars marked with their trademarked logo can be called out to provide in-home support or they are just a phone call away to help you with your technological needs.
There's not too many other words other than geek that convey the nerdy type of people who love technology, but Best Buy is taking action against others who use "geek" for this purpose in their slogans. In a recent lawsuit against Newegg.com, Best Buy claimed trademark infringement over Newegg's slogan "Geek On," saying that the similarity between the motto, in addition to using orange and black in their logo, breaches their rights. And this is neither the first, nor the last, time that Best Buy will sue companies over this issue.
In the trademark world, critics have dubbed Best Buy as a "trademark bully." There has been numerous lawsuits filed by Best Buy that protest the use of the word "geek" associated with computer help.
As counsel to many brand owners, I completely get it and understand the need to protect a company's trademark, often one of its most valuable assets. In any event, Best Buy does own trademark registrations for and has long used and created seemingly immense good will in Geek Squad. Although it might seem like they do it excessively, they are just doing what trademark owners often need to do in protecting their trademarks AND helping to prevent consumers from confusion in the marketplace. But I may be just a geek in saying that...
(Addendum by Rick Bortnick: Underwriters, be vigilent and prepared, should a prospective insured have the term "Geek" in any logo or brand name. The cost of defending trademark litigation could dramatically impair or even exhaust your policy limit. To illustrate, we here at Cozen O'Connor regularly defend IP litigation at rates far less than those of the big New York firms; yet even our lower rates are higher than those which underwriters are accustomed to in the context of traditional casualty or commercial litigation. Forarmed is forewarned...).
Special thanks to our good friend Scott Schwartz, who is publisher of Trademark Geek (a heretofor litigation free blog), which can be found at http://www.trademarkgeek.com/
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