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is it a justified rejection for the word "caterpillar" used in description?


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Hello All! just got a rejection of a photo showing an excavator and a bulldoser, I assume for using the word "caterpillar" (lower case!) in the description. Now! I fully realize it's a company/ product name. I also realize it is a common word to describe the "worm" or "insect" (?) with the many legs. further more it is also used to identify the type of continuous steel or rubber tracks that these heavy earth moving and excavation machines use. or the military tanks for that matter! so my question is: can a company "own" a word, and prevent others from using it, just because they picked a questionable word for their name? it kinda' reminds me when Trump was trying to trademark the 3 words of "you are fired" back some years ago. I didn't follow the matter, so I don't know what exactly happend, just hope he didn't get away with it! I mean c'mon!! how selfish and arrogant do you have to get to try that? why not write a new dictionary that spells out the words he doesn't want others to use!?
p.s.: I submitted as commercial. and I know that I can just remove the word in a re-submit and "get over with it". but it wouldn't answer my dilemma if Caterpillar "owns" that word!? 

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Don't use "caterpillar" on a picture of heavy equipment unless it's editorial.  You can use caterpillar for pictures of caterpillars, of course.  That's how trademarked words work.

For example, my name is Hallmark, but I can't offer "Hallmark Cards" for sale, because they trademarked their name for greeting cards.  I can use my name to sell things, of course, it's my name, but not in a way that infringes on their trademark.  So, I sell "Cards by Darla Hallmark".

 

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1 hour ago, Darla Hallmark said:

Don't use "caterpillar" on a picture of heavy equipment unless it's editorial.  You can use caterpillar for pictures of caterpillars, of course.  That's how trademarked words work.

For example, my name is Hallmark, but I can't offer "Hallmark Cards" for sale, because they trademarked their name for greeting cards.  I can use my name to sell things, of course, it's my name, but not in a way that infringes on their trademark.  So, I sell "Cards by Darla Hallmark".

 

Thanks Darla. I get your point! However! There is a little "twist" to this matter. Namely that the continuous steel or rubber tracks on these earth moving machines are commonly called "caterpillar track". Yes! I can work around that and call it "continuous steel track". But I am almost sure that they (Caterpillar) didn't invent that track. So just because their company name "coincide" with the common name of that mechanism, I don't think they "own" that phrase. It would be interesting to hear someone's opinion on it who is well versed in trademark law or matters. Tx. in any case!

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Instead of 'caterpillar track' you can use 'continuous track'. The company 'Caterpillar' doesn't own the patent for the track but they do of course have the Trade Mark for their company so a reviewer will probably think you are using their brand name. But, as you didn't provide the complete description you entered for your submit or a photo (was the machine built by Caterpillar?) it's hard to tell why they are rejecting.

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1 hour ago, MJD Graphics said:

Instead of 'caterpillar track' you can use 'continuous track'. The company 'Caterpillar' doesn't own the patent for the track but they do of course have the Trade Mark for their company so a reviewer will probably think you are using their brand name. But, as you didn't provide the complete description you entered for your submit or a photo (was the machine built by Caterpillar?) it's hard to tell why they are rejecting.

Thank you MDG. You are right. Not worth sweating the issue. The photo had 2 machines infact. And yes, one Caterpillar (CAT), with rubber tires, the other one a Bobcat with the continuous rubber track. And that's what my description intended to reference. I see that a quick review will get hooked on the word caterpillar, (even though in lower case first letter) and the reviewer may not know that the track is commonly referred to as caterpillar track. Anyway! I drop this now. not worth wasting more time on it. Tx again! 

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