Dell has used an under handed tactic made famous by Tim O’Reilly. The company has trademarked the name “cloud computing”. O’Reilly trademarked the name “Web 2.0″ (and even claimed to have coined it - See: Shame On You Tim O’Reilly) to prevent others from using the term for commercial purposes. This is precisely what Dell intends to do.

Cloud computing is a term/phrase used to describe software processing that’s run on servers that reside virtually and are accessed via the web. Terms like “cloud computing” and “Web 2.0″ are generic and are in the public domain. They are so commonplace and is used widely all over the web.

Cloud computing could be a $1 billion business “in a couple of years” said Michael Dell, founder and CEO, Dell. In the trademark application Dell is seeking to use the term to include all potential uses of the term, and not restricting it to a cloud computing platform of its own specific design. Dell was kind enough to note in the application was NOT seeking to trademark the term “computing” on its own.

A patent of the term was first applied for in 1998 by NetCentric Corporation, and killed less than a year later in April 1999. Dell’s application is dated March 23, 2007, well after the first mention of the term, which appeared as “cloud” and “cloud network” in the New York Times in 2001 according to the Cyndy Carreira of the Industry Standard. http://www.thestandard.com/news/2008/08/01/dell-has-applied-trademark-term-cloud-computing

The trademark filing was discovered by Sam Johnston.

Document Description: Application
Mail / Create Date: 23-Mar-2007

Trademark/Service Mark Application, Principal Register

To the Commissioner for Trademarks:

MARK: CLOUD COMPUTING (Standard Characters, see mark)
The literal element of the mark consists of CLOUD COMPUTING. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Dell Inc., a corporation of Delaware, having an address of One Dell Way, Round Rock, Texas, United States, 78682, requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended.

International Class 042: Design of computer hardware for use in data centers and mega-scale computing environments for others; customization of computer hardware for use in data centers and mega-scale computing environments for others; design and development of networks for use in data centers and mega-scale computing environments for others; Consulting services for data centers and mega-scale computing environments in the fields of design, selection, implementation, customization and use of computer hardware and software systems for others; Consulting services for data centers and mega-scale computing environments in the fields of design, selection, implementation, customization and use of computer hardware and software systems for others.
Intent to Use: The applicant has a bona fide intention to use or use through the applicant’s related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

International Class 040: Custom manufacture of computer hardware for use in data centers and mega-scale computing environments for others
Intent to Use: The applicant has a bona fide intention to use or use through the applicant’s related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

The applicant hereby appoints Daniel J. Noonan and Anna Kuhn, Allison McDade, Kelly Walton of Dell Legal Department, RR1-33, One Dell Way, Round Rock, Texas, United States, 78682 to submit this application on behalf of the applicant.

A fee payment in the amount of $650 will be submitted with the application, representing payment for 2 class(es).

Declaration
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.

Signature: /mhmillican/ Date Signed: 03/23/2007
Signatory’s Name: Max Helen Millican
Signatory’s Position: Authorized Representative

RAM Sale Number: 422
RAM Accounting Date: 03/26/2007

Serial Number: 77139082
Internet Transmission Date: Fri Mar 23 16:28:19 EDT 2007
TEAS Stamp: USPTO/BAS-166.214.115.239-20070323162819
792486-77139082-370616150b2ed177985523a6
ea8cc01aa-DA-422-20070323161143163513