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Twitter trademarking the term subtweet – is it necessary, is it right?

Twitter has officially trademarked the term subtweet, which by the way they did not come up with. Is it right for a company to claim ownership of something that came to be organically through public use? Or is it their right to own it?

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In case you missed it

You’ve certainly heard by now that Twitter is trademarking the term subtweet. A subtweet being a sort of anonymous tweet (which Twitter previously tried and failed to trademark) talking about someone without using their Twitter handle. This action has less to do about controlling the use of the term, which has already percolated far and wide through the Twitter-verse, and more about protecting the Twitter brand.

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Trademarking isn’t new

You may wonder how a phrase that arose organically through use by millions of people can be trademarked, but the practice isn’t that uncommon. Apple (and Scholastic Inc., among other companies) has actually trademarked the word “apple”.

Taylor Swift is trying to trademark several phrases from her 1989 album including “Party like it’s 1989” and “This sick beat”. Infamous announcer Michael Buffer has a trademark on the phrase “Let’s get ready to rumble!”

But it isn’t always necessary

Some attempts at trademarking have more merit than others. It’s hard to imagine that legendary introduction without thinking of the boxing announcer Michael Buffer.

It’s more difficult to argue that the word “yup” is closely associated with the branding for former Storage Wars reality star Dave Hester or rapper Trey Songz, who entered into a legal dispute over who had the right to use the word on merchandise.

Protecting your brand

Legally, a trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods. The United States Patent and Trademark Office (USPTO) awards trademarks based on whether use of these words or phrases by other commercial entities would result in confusion among consumers.

Thus Apple can trademark “Apple” because a product using the word would mislead consumers into believing it was produced by the tech giant. However, that trademark doesn’t apply to other industries, so a car manufacturer would be free to name a car the Apple and grocers are still free to use the phrase, because there is little risk that there would be consumer confusion.

Protecting your customers

Twitter was initially unable to procure a trademark on the word tweet because the company Twittad filed a year before the social network. Twittad argued that they were free to register the word because it originated through public use, but it’s difficult to agree that any instance of the word tweet, when referring to a social media action, could be associated with anything but Twitter. Similarly, subtweet could reasonably be argued to be closely associated with the Twitter brand.

When trademarks are used correctly, as in the case of tweet and subtweet, they actually protect consumers. Restricting commercial use of the words to Twitter ensures that other companies aren’t able to sell products or services that imply they are associated with the brand. Users themselves are still free to say tweet and subtweet, which is how a trademark should be used.

#Subtweet

Staff Writer, Matt Huffer, turned down a glamorous life in physics to write stories, but he maintains a passion for technology and entrepreneurship. He can be found in Oklahoma City, on your couch, or generally anywhere comfy with a bit of shade.

Opinion Editorials

Facebook fights falsehoods (it’s a false flag)

(EDITORIAL) Facebook has chosen Reuters to monitor its site for false information, but what can one company really do, and why would Facebook only pick one?

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Reuters checks facebook

So Facebook has finally taken a step to making sure fake news doesn’t get spread on it’s platform. Like many a decision from them though, they haven’t been thorough with their venture.

I am a scientifically driven person, I want facts, figures, and evidence to determine what is reality. Technology is a double edged sword in this arena; sure having a camera on every device any person can hold makes it easy to film events, but deepfakes have made even video more questionable.

Many social media platforms have tried to ban deepfakes but others have actually encouraged it. “I’ll believe it when I see it” was the rally cry for the skeptical, but now it doesn’t mean anything. Altering video in realistic ways has destroyed the credibility of the medium, we have to question even what we see with our eyes.

The expansion of the internet has created a tighter communication net for all of humanity to share, but when specific groups want to sway everyone else there isn’t a lot stopping them if they shout louder than the rest.

With the use of bots, and knowing the specifics of a group you want to sway, it’s easy to spread a lie as truth. Considering how much information is known about almost any user on any social media platform, it’s easy to pick targets that don’t question what they see online.

Facebook has been the worst offender in knowing consumer data and what they do with that data. Even if you never post anything political, they know what your affiliation is. If you want to delete that information, it’s hidden in advertising customization.

Part of me is thrilled that Facebook has decided to try and stand against this spread of misinformation, but how they pursued this goal is anything but complete and foolproof.

Reuters is the news organization that Facebook has chosen to fact check the massive amount of posts, photos, and videos that show up on their platform everyday. It makes sense to grab a news organization to verify facts compared to “alternative facts”.

A big problem I have with this is that Reuters is a company, companies exist to make money. Lies sell better than truths. Ask 2007 banks how well lies sell, ask Enron how that business plan worked out, ask the actors from Game of Thrones about that last season.

Since Reuters is a company, some other bigger company could come along, buy them, and change everything, or put in people who let things slide. Even Captain America recognizes this process. “It’s run by people with agendas, and agendas change.” This could either begin pushing falsehoods into Facebook, or destroy Reuters credibility, and bite Facebook in the ass.

If some large group wants to spread misinformation, but can’t do it themselves, why wouldn’t they go after the number one place that people share information?

I really question if Reuters can handle the amount of information flowing through Facebook, remember almost a 3rd of the whole world uses Facebook. 2.45 Billion people will be checked by 25,800 employees at Reuters? I can appreciate their effort, but they will fail.

Why did Facebook only tag one company to handle this monumental task? If you know that many people are using your platform, and such a limited number of people work for the company you tasked with guarding the users, why wouldn’t you tag a dozen companies to tackle that nigh insurmountable number of users?

I think it’s because Facebook just needs that first headline “Facebook fights falsehoods”. That one line gets spread around but the rest of the story is ignored, or not thought about at all. If there is anything Facebook has learned about the spread of fake information on their platform, it’s how to spread it better.

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Opinion Editorials

Will shopping for that luxury item actually lower your quality of life?

(EDITORIAL) Want to buy yourself a pick-me-up? Have you thought of all the ramifications of that purchase? Try to avoid splurging on it.

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shopping bags

In an era of “treat-yo-self,” the urge to splurge is real. It doesn’t help that shopping – or what ends up being closer to impulse shopping – provides us with a hit of dopamine and a fleeting sense of control. Whether your life feels like it’s going downhill or you’ve just had a bad day, buying something you want (or think you want) can seem like an easy fix.

Unfortunately, it might not be so great when it comes to long-term happiness.

As you might have already guessed, purchasing new goods doesn’t fall in line with the minimalism trend that’s been sweeping the globe. Being saddled with a bunch of stuff you don’t need (and don’t even like!) is sure to make your mood dip, especially if the clutter makes it harder to concentrate. Plus, if you’ve got a real spending problem, the ache in your wallet is sure to manifest.

If that seems depressing, I’ve got even more bad news. Researchers at Harvard and Boston College have found yet another way spending can make us more unhappy in the long run: imposter syndrome. It’s that feeling you get when it seems like you’re not as good as your peers and they just haven’t caught on yet. This insecurity often arises in competitive careers, academics and, apparently, shopping.

Now, there’s one big caveat to this idea that purchasing goods will make you feel inferior: it really only applies to luxury goods. I’m talking about things like a Louis Vuitton purse, a top of the line Mercedes Benz, a cast iron skillet from Williams Sonoma (or is that one just me?). The point is, the study found that about 67% of people – regardless of their income – believed their purchase was inauthentic to their “true self.”

And this imposter syndrome even existed when the luxury items were bought on sale.

Does this mean you should avoid making a nice purchase you’ve been saving up for? Not necessarily. One researcher at Cambridge found that people were more likely to report happiness for purchases that fit their personalities. Basically, a die-hard golfer is going to enjoy a new club more than someone who bought the same golf club to try to keep up with their co-workers.

Moral of the story: maybe don’t impulse buy a fancy new Apple watch. Waiting to see if it’s something you really want can save your budget…and your overall happiness.

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Opinion Editorials

How to ask your manager for better work equipment

(EDITORIAL) Old computer got you down? Does it make your job harder? Here’s how to make a case to your manager for new equipment without budget worries.

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better equipment, better work

Aside from bringing the boss coffee and donuts for a month before asking, what is an employee to do when the work equipment bites.

Let’s be frank, working on old, crappy computers with inefficient applications can make the easiest tasks a chore. Yet, what do you do? You know you need better equipment to do your job efficiently, but how to ask the boss without looking like a whiner who wants to blow the department budget.

In her “Ask A Manager” column, Alison Green says an employee should ask for better equipment if it is needed. For example, the employee in her column has to attend meetings, but has no laptop and has to take a ton of notes and then transcribe them. Green says, it’s important to make the case for the benefits of having newer or updated equipment.

The key is showing a ROI. If you know a specific computer would be a decent upgrade, give your supervisor the specific model and cost, along with the expected outcomes. In addition, it may be worth talking to someone from the IT department to see what options might be available – if you’re in a larger company.

IT professionals who commented on Green’s column made a few suggestions. Often because organizations have contracts with specific computer companies or suppliers, talking with IT about what is needed to get the job done and what options are available might make it easier to ask a manager, by saying, “I need a new computer and IT says there are a few options. Here are my three preferences.” A boss is more likely to be receptive and discuss options.

If the budget doesn’t allow for brand new equipment, there might be the option to upgrade the RAM, for example. In a “Workplace” discussion on StackExchange.com an employee explained the boss thinks if you keep a computer clean – no added applications – and maintained it will perform for years. Respondents said, it’s important to make clear the cost-benefit of purchasing updated equipment. Completing a ROI analysis to show how much more efficiently with the work be done may also be useful. Also, explaining to a boss how much might be saved in repair costs could also help an employee get the point across.

Managers may want to take note because, according to results of a Gallup survey, when employees are asked to meet a goal but not given the necessary equipment, credibility is lost.

Gallup says that workgroups that have the most effectively managed materials and equipment tend to have better customer engagement, higher productivity, better safety records and employees that are less likely to jump ship than their peers.

And, no surprise, if a boss presents equipment and says: “Here’s what you get. Deal with it,” employees are less likely to be engaged and pleased than those employees who have a supervisor who provides some improvements and goes to bat to get better equipment when needed.

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