Fair Isaac Doesn't Get To Trademark Its Credit Score Scale

from the you-get-a-653-in-creative-trademark-abuse dept

Wed, Dec 23rd 2009 4:17am — Mike Masnick

Eric Goldman has the details on a case involving Fair Isaac and its (failed) attempt to claim a trademark on the infamous credit scores it offers. Obviously, you can't just trademark numbers, but Fair Isaac tried to make the case that the scale it uses for your credit rating scores, 300-850, is protectable. The jury tossed that out, and the judge summarized:

"the jury returned a verdict finding that the alleged '300-850' mark was not a valid, protectable trademark because the term '300-850”'has not acquired secondary meaning."

Separately, in the meat of the case, the court rejected claims by Fair Isaac that Experian and Trans Union infringed on its trademarks with their Google AdWords advertising, noting that (beyond the fact that 300-850 isn't trademarkable), there was no confusion on the part of consumers who saw the ads. Fair Isaac had offered up an "expert" witness to claim otherwise, but the court simply said that the expert "lacks credibility."

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Filed Under: credit scores, trademark
Companies: fair isaac

9 Comments

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technomage (profile), 23 Dec 2009 @ 5:06am

A credit score expert witness lacks credibility..hmm guess his score was 200?
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- Sneeje (profile), 23 Dec 2009 @ 5:40am
  
  Re:
  It will be now after his court performance...
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  - Dark Helmet (profile), 23 Dec 2009 @ 6:22am
    
    Re: Re:
    "It will be now after his court performance..."
    
    Guess he ought to pick himself up a pirate hat and a guitar, eh?
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Daniel G. Fahrenheit, 23 Dec 2009 @ 6:26am

The judge in this case made an interesting statement:
"... the term '300-850”'has not acquired secondary meaning."
Does this imply that had it acquired secondary meaning a TM would be valid ??? Many years ago Intel was told that 486 was not something they could TM and it had acquired secondary meaning. Go figure. TM, patent, whatever should not be allowed on any number.

btw, That Anders Celsius guy is really bugging me with his different numbering scheme, I think I'll sue his ass.
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Wolfy, 23 Dec 2009 @ 6:46am

For us old-fart die-hards, it's Centigrade, anyways!
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vyvyan, 23 Dec 2009 @ 2:40pm

Muhammad will TM "786."
and Neo will TM the "One", some Indian will TM "0" and very soon we will have to start counting from one zillion onwards.
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Michael Lach, 25 Dec 2009 @ 9:55am

Getting too many inquiries on your credit report can become an issue with your overall FICO score. http://www.RemoveMyCreditInquiries.org is a site I found that is ran by a community service group that can help you remove credit report inquiries for $9.99. You do all of the leg work but they provide lawyer made dispute letters to remove credit inquiries. They also have letters for collections, late comments and debt settlement written by lawyers too on another website.
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Douglas Pratt, 29 Dec 2009 @ 9:12am

FICO destroys lives, and blights the American Dream
My website, still in development, says it all. Follow the links at the bottom of the page to see how I predicted the explosion in foreclosures, bank failures, and even the downfall of Fannie Mae and Frededie Mac 10 years ago, all to be borne at taxpayer expense. Corporate greed and "lobbied" lawmakers have fed this monster for over a dozen years. In 2007 I lost my two homes, life savings, and entire net worth because despite 15 years of spotless credit history, I couldn't get a prime rate loan to restructure my debt load. The interest rates skyrocketed, and drove me under. Today I join the ever-burgeoning ranks of the destitute, as the lenders, FICO, and corporate greed continue gorge on the flesh of every one of us how ever takes a mortgage or uses credit cards, and the American Dream is transformed into the new American Nightmare. Fair Isaac is the architect, and corporate greed the builder, developer, judge, jury, and executioner. Welcome to the new America, folks!!
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Ankush (profile), 8 Dec 2018 @ 3:24am

It will be after its court performance
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