>There is currently a discussion on Autocat (the cataloguing email list)
>about Metadata(TM), pointing out that we should not be using "metadata" as
>this is a proprietary trade name of The Metadata(TM) Company. Instead The
>Company suggests "meta data" or "meta-data". A search of the eLib WWW
>pages reveals 341 pages with the word "metadata" and one with "meta-data"!
>
>See http://www.metadata.com/metadata.html for The Company's view a
Rose-Ann is quite right to draw attention to this Company's argument, but
fortunately for us e-libbers, we can ignore the company for three reasons:
1. I suspect they only have a trade mark in the USA, so they cannot in
any case stop use of the term "metadata" elsewhere.
2. Their trade mark only protects the company name and the use of the
term to identify a software. Since most discussions about metadata are
about "information about information", not a particular software, no
infringement is taking place.
3. It is not uncommon (indeed it is surprisingly common) that a
perfectly valid trade mark is struck off the register because the term has
become "generic", i.e. has fallen into common use. Aspirin, hovercraft,
escalator, baby buggy, linoleum....you name them, they were once registered
trade marks but were struck off for this reason. The only way to prevent
the mark going generic is for the mark owner to write a letter of complaint
EVERY TIME the mark is incorrectly used by someone in a generic sense.
Since Metadata Inc have signally failed to do so (a general notice on their
own Web page is meaningless in this regard), a Court would agree they have
done nothing to prevent the mark becoming generic.
To sum up my arguments: I don't think they have protection for "metadata"
in the UK; even if they did have protection in the UK, it doesn't cover
the sort of use of "metadata" that is common; and even if they did have a
trade mark in the UK and their mark covered common usage, they've lost it
anyway because they've allowed it to become generic.
It reminds me of the company called Internet Ltd., which around 1990 tried
to claim the term "Internet" was their trade mark. They were ignored, and
they vanished.
I have used the word "metadata" five times in this e mail. I now invite
Metadata inc. to sue me for infringement.......
Professor Charles Oppenheim
Dept of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
Tel 01509-223065
Fax 01509-223053
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