Adobe tells how you may use the term "Photoshop"

Morrus

Well, that was fun
Staff member
I found Adobe's attempts to prevent the word "photoshop" becoming a generic English-language noun/verb amusing. While I understand why they do this, it does still come across as funny.

From: http://www.adobe.com/misc/trade.html (scroll down)

Proper use of the Photoshop trademark

Trademarks help protect corporate and product identity, and Photoshop is one of Adobe's most valuable trademarks. By following the below guidelines, you can help Adobe protect the Photoshop brand name.

The Photoshop trademark must never be used as a common verb or as a noun. The Photoshop trademark should always be capitalized and should never be used in possessive form, or as a slang term. It should be used as an adjective to describe the product, and should never be used in abbreviated form. The following examples illustrate these rules:

Trademarks are not verbs.

CORRECT: The image was enhanced using Adobe® Photoshop® software. INCORRECT: The image was photoshopped.



Trademarks are not nouns.

CORRECT: The image pokes fun at the Senator. INCORRECT: The photoshop pokes fun at the Senator.

Always capitalize and use trademarks in their correct form.

CORRECT: The image was enhanced with Adobe® Photoshop® Elements software. INCORRECT: The image was photoshopped. INCORRECT: The image was Photoshopped. INCORRECT: The image was Adobe® Photoshopped.

Trademarks must never be used as slang terms.

CORRECT: Those who use Adobe® Photoshop® software to manipulate images as a hobby see their work as an art form. INCORRECT: A photoshopper sees his hobby as an art form. INCORRECT: My hobby is photoshopping.

Trademarks must never be used in possessive form.

CORRECT: The new features in Adobe® Photoshop® software are impressive.INCORRECT: Photoshop's features are impressive.

Trademarks are proper adjectives and should be followed by the generic terms they describe.

CORRECT: The image was manipulated using Adobe® Photoshop® software. INCORRECT: The image was manipulated using Photoshop.

Trademarks must never be abbreviated.

CORRECT: Take a look at the new features in Adobe® Photoshop® software. INCORRECT: Take a look at the new features in PS.The trademark owner should be identified whenever possible.

Adobe and Photoshop are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.

For more information on the proper use of Adobe's trademarks, please refer to the general trademark guidelines.
 

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I hate to tell them this, but the Barn Door has LONG been open, the Rubicon has LONG been crossed, and the Fat Lady sang, warmed her throat up, sang an encore, and is now in the lobby signing autographs. :)

It might mean something for reporters writing a professional review, but the verb, "Photoshop" is now in English vocabulary the same way "Kleenex" describes a facial tissue. Victim of their own success, and all that.
 

So what's the rule about this and trademarks? I was under the impression that under such circumstances, a company could lose its trademark, and that it had happened numerous times with common product "types" which were once product trademarks but are now the generic term for that type of product.
 

IANAL, but I remember this much from an IP law class -- you can lose your trademark (or other IP) by not doing enough to attempt to prevent infringement of your IP.

That seems to be what Adobe(R) is doing -- taking an active stance against infringement. They may not be successful in preventing the usage, but the effort is what is required to hold onto the IP in case of a court proceeding.

IIRC, despite "Kleenex" being a common term for a facial tissue, the owners of that trademark have been successful enough in their efforts that they haven't yet lost the trademark (despite the entire known world referring to a facial tissue as a Kleenex). Ditto for Xerox.
 




Morrus said:
So what's the rule about this and trademarks? I was under the impression that under such circumstances, a company could lose its trademark, and that it had happened numerous times with common product "types" which were once product trademarks but are now the generic term for that type of product.
From what I know, which I will admit is hardly a lot and comes from me with regards to Game-Workshop.

The owner has to fight to maintain their trademark, you can’t just trademark something and then be careless about how it is used. Coke Bottles are another good example but from what I’m seeing from Adobe is that your seeing is just paperwork.

I wish I could add more but I'm afraid that's really all I know. Protect your trademarks people! :)

Opps! I somehow missed Olgar Shiverstone post that pretty much said everything I said... I guess I'm infringing on his trademark. :D
 
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All I have to say about this is:

I photoshop.
You photoshop.
He, she or it photoshops.
We photoshop.
You photoshop.
They photoshop.

IYKWIMAITYD
 


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