There are moments when we may rightly feel compelled to ask whether the big data/knowledge economy has sharpened our insights - or just rendered us oblivious
to common sense.
Last year witnessed the battle over who owned the color red. Or more specifically, which shoe designer owned the application of said color to the soles of the products that business produced. Christian Louboutin won that epic battle, though the courts rendered a somewhat Solomonic decision, limiting that right to soles, not to other parts of the shoe, nor to the entire color.
If that dispute - let alone decision - seemed a bit silly to those who do not customarily drop $500 on a pair of kicks, well, at least the application was specific enough to be understandable.
Now, as the following article explains, we are confronted with a legal battle over the use of the word 'how.' The contestants are a company that makes Greek style yogurt and a consulting firm specializing in creating ethical corporate cultures. There is no doubt a connection there, though it may escape those who do not possess a finely honed sense of the absurd.
The real issue would appear to be whether knowledge has fostered notions of arrogance that defy not just common sense and usage, but also the trends in socio-economic development. The hundreds of millions that Apple, Google, Samsung and others have thrown at debates about who invented or patented what gadget or line of software code have been demonstrably wasted. The world is moving too fast to worry about it and sustainable competitive advantage has evaporated even if speed were not a defining characteristic. The courts in the US are increasingly expressing their frustration with this sort of grandstanding.
That one of the litigants in question - the plaintiff, in fact (the person who filed case claiming he owned the use of the word 'how') - purports to stand for ethics in business is especially ironic given that the universe of organization, operation and innovation is increasingly one defined by collaboration, not by sole ownership which denigrates the contributions of predecessors, to say nothing of common linguistic usage.
We may celebrate the fact that intellectual capital is, belatedly, enjoying a rise to financial prominence that mirrors its importance as a contributor to economic significance.But the more frequent the attempts to frivolously apply the concept to justify spurious economic ownership, the less likely that prominence will be sustained. JL
Jonathan Mahler reports in the New York Times:
Trademarks are meant not to prevent companies from stealing others’
ideas, but to protect consumers from mixing up brands. Mr. Seidman will
need to demonstrate that people might be inclined to confuse a yogurt
manufacturer with a company that provides consulting services.