March 22, 2008 5:20 PM PDT

Start-up Askpedia: IAC doesn't like our name

Just how much does Ask.com own the word "Ask?" Enough to have a problem with a question-and-answer site called "Askpedia," apparently. Representatives from the start-up Askpedia.com told CNET News.com that the search engine's parent company, InterActiveCorp, sent a cease-and-desist letter earlier this month, citing intellectual property violations in the name "Askpedia."

"(This) is likely to cause consumer confusion, particularly inasmuch as Askpedia purports to provide online informational services that are substantially similar to those provided by Ask," the letter dated March 13 reads. "In using and incorporating Ask's intellectual property in this manner, Askpedia is falsely suggesting a connection between Ask and Askpedia, and thereby misappropriating the substantial good will associated with Ask's trademarks."

IAC representatives were contacted to verify the contents of the cease-and-desist letter, but were not immediately available for comment.

Ask.com's trademark on the name was first filed April 28, 1999, when the company was still known as Ask Jeeves and had not yet been acquired by the Barry Diller-helmed IAC in 2005. These days, the search engine has been undergoing a restructuring process in order to handle its tepid market share.

The letter, signed by Edward T. Ferguson, IAC senior vice president and general counsel, and provided to CNET News.com by Askpedia representatives, goes on to request that Askpedia "cease and desist from all use of Ask's trademarks and other intellectual property, including without limitation in the name 'Askpedia' or any similar formation using the word 'ask,'" and agree not to do so in the future.

A deadline of 10 days was provided, meaning that IAC would presumably seek legal action after Sunday, March 23.

Yong Su Kim, CEO of Askpedia, which describes itself as "a knowledge marketplace for questions and answers" and awards cash prizes to the best answers, said that his small start-up has about 100,000 registered users. He sent an e-mail to CNET News.com in which he speculated that "our guess is that their lawyers have nothing better to do."

Kim continued, "Either that or they're working on a Wikipedia-like service and want the domain name and trademark."

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Add a Comment (Log in or register) 16 comments (Page 1 of 2)
Ask is a generic term...
by gsmiller88 March 22, 2008 5:55 PM PDT
Just like Windows, but of course, with the way the TM system works, IAC will win. Might as well change your name now, Askpedia.
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Ask.com executives should refer to the renowned legal scholar, Groucho Marx
by ssenator March 22, 2008 7:39 PM PDT
The executives, or at least the lawyers for the executives, at ask.com should actually use their own site to look up the appropriate and hilarious letter from Groucho Marx to Warner Brothers when they objected to the Marx Brother's film which included the named "Casablanca". Refer to: http://www.chillingeffects.org/resource.cgi?ResourceID=31 or, if you want weightier reference, although less amusing, see: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=449341
Reply to this comment
Ask should be sued itself...
by microsoft slayer March 22, 2008 10:05 PM PDT
What a bunch of Ask-olez...
Reply to this comment
You mean I have to "ask" permission!
by tamparesjr March 23, 2008 4:43 AM PDT
IAC and Berry Diller have lost their minds! So, what are they saying, we have to "ASK" permission when we want to use the word "ask" now! Give me a break. I didn't even think about "ask.com" when I first encountered Askpedia!
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Ask.com should worry about Ask.com
by mikestatic1 March 23, 2008 5:24 AM PDT
The way things have gone, any court case may outlast Ask.com - they are at best a fringe service now, and that is through mismanagement of their brand. Maybe this is their way of telling the world "Yes, Ask.com really DOES still exist!"
Reply to this comment
No such thing as bad publicity.
by MNNice March 23, 2008 6:22 AM PDT
Gee...I wonder why they would start this bogus lawsuit? Maybe because it is a publicity stunt that works! I had ever heard of them before I read this article but now I have been to Askpedia.com courtesy of Ask.com providing me with a hyperlink.
Reply to this comment
So, oppose the registration
by michael_o March 23, 2008 9:09 AM PDT
They're trying to trademark the term "Ask" -- they filed for the trademark Feb 21, 2006. It appears to still be out in publication for opposition. You may consider filing a Notice of Opposition, explaining to the PTO that the word "Ask" is generic and using their CND to prove they're trying to trademark the word "Ask" rather than the logo. Here's a link to one of the the applications: http://tess2.uspto.gov/bin/showfield?f=doc&state=7iut2g.3.74 (There are other applications but they're all essentially the same; the TLD modifier is meaningless, and they know it). This is part of the business sludge the USPTO seems to throw on the ability of legitimate companies to compete. Congress and the courts are beginning to clean up the patent side; they also need to focus on the trademark side. There are thousands of dot-com trademarks -- filed AFTER the domain name was registered -- that should be canceled as a group.
Reply to this comment
You cannot own ideas
by bitjack March 23, 2008 1:12 PM PDT
Owning ideas like words, know-how, etc, is a con. You can't own whats in my head. You can create governments and put people in cages and *pretend* like you own ideas; but you still can't own ideas. Not that blood-thirsty, lawsuit happy, cage-building America is much concerned about who they must hurt to keep this con going.
Reply to this comment
Oh come on, don't be the whiney loser.
by togmkn March 23, 2008 3:49 PM PDT
I gave ask credit a few months ago for being the only search engine trying to get my attention. Until Microsoft's "Live" ad campaign, Ask was the only search engine I was regularly seeing commercials and billboards for. But now? Pfft...never finding what I'm looking for AND trying to bully a fledgling website? Screw IAC!
Reply to this comment
The algorithm
by mcbutterbuns March 23, 2008 10:22 PM PDT
Maybe the algorithm told them to do it.
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