I am stumped on this IP rejection.

[DarkClearSky]

Hi Adobe community!

Recently (today) this image was rejected - "Intellectual Property Refusal" .. and I have no idea why..

Here's the description:

3d illustration of FPGA logic with the letters "FPGA" embedded into them. FPGA is the commonly used acronym for Field Programmable Gate Array.

Keywords: 3d illustration, array, asic, computers, computing, cpld, custom logic, electronic, field programmable gate array, fpga, gate, gate array, hardware, logic, programmable, semiconductor, technology

The image is not AI generated (fwiw).  The image itself is based on a generic simplified concept for programmable logic and originated in my head.  The acronym FPGA is an accepted industry term widely used and (not that it matters) there are plenty of other stock images that incorporate it.

Scratching my head.  I'll probably abandon it and move on but would like to hear if anyone has any ideas.

Thanks!

[Abambo · Accepted solution]

I know what FPGA is, as I'm a computer engineer. Looking into the trademark register, it is fairly empty. But it shows up. 

ASIC is probably showing up as a trade name. Even as ASIC is also an acronym, a moderator could easily confound it to ASICS. And ASIC by itself is a registred trademark. 

I would resubmit it, without the ASIC acronym. 

For the image itself, submit a property release. That may be helpful.

The refusal for IP is an error in my view.

[DarkClearSky]

I had not considered that ASIC could be confused with the running shoe company but that makes complete sense.  I guess we make assumptions based on our own backgrounds (I'm also a computer engineer).  This is an excellent suggestion - I'll give your idea a try. Thanks!

[George_F]

It appears Analogue, Inc holds the trademark to "FPGA", at least what I can tell from my search results.

[DarkClearSky]

Thanks for that info George ...

Hmm - they have a product called openFPGA.. and the label "FPGA" on their product.. but it seems to me that trademarking "FPGA" would be like trademarking the acronym "CPU" or "RAM" - it's ubiquitous.  How would that work..?

[George_F]

I can't speak to that unfortunately, I'm much better at internet searches than Trademark Law 😂😂😂.

This could be the case that the appearance of trademark would be enough for Adobe to pass, even if it doesn't technically exist.  Stock is a numbers game, and they aren't going to spend time researching the specifics of another companies trademark to pass an asset.  That's my hunch at least.

Sincerely, I hope you have better luck!

[DarkClearSky]

Hopefully..  I re-submitted and omitted ASIC (which stands for Application Specific Integrated Circuit - also a somewhat ubiquitous acronym in the trade) and we will see what happens. 

I don't have any insight into how these reviews are done, but I could picture some automated preprocess that looks for trademark violations - and ASIC seems like it would trigger some kinda reject flag - even though it would be thoroughly out of context with this usage.

[Jill_C]

I don't think that Adobe does any automated pre-screening. Perhaps Moderators have a library of terms they can search on to detect IP issues, but if not, they're probably just spending a few seconds to decide if it looks like it "might be" IP, so they press the reject button.  It is confounding, but unfortunately, there's nothing we can do about it.

[Abambo]

@Jill_C ,

you can easily do an automated search of keywords in tradename databases. A positive return, does, however not always mean that the use of the word is disallowed. 

[Abambo]

I saw that too, but considered it as a figurative mark.

I'm sure that Adobe uses a spider search engine for searching at different trademark registers. It's easy. You feed the keywords, see the results and decide if it is enough. In this case, the fpga mark is an illustration, meaning that using the words fpga is allowed, but the specific illustration is protected. We used the same for "Metro", as this was a very crowded claim. 

So in short, your use of FPGA does not violate any rights. 

As a matter of fact, you got an IP claim, and the only way to find out if it is the FPGA wording would be to submit with minimal keywords, may be even leave out the FPGA in the keyword, and title. 

And to answer @DarkClearSky's question: You won't be able to register any word that is a dictionary word and used commonly in standard language. So, my first search, when I got a tradename from someone who thought to be creative, was to go to Wikipedia and search there, inaddition to googling the word and searching multiple databases. So FPGA is probably not to protected. This, however, does not help you, when you get a refusal, as refusals are definitive.

Also: tradenames are in categories according to an (international) classification. A trademark can be registered in different categories and enjoys protection in those categories, here basically video game systems. Other's can use the same tradename for different classes, if there is no risk of confusion. 

I could open a an ice cream shop and selling fpga ice cream, without infringing on the owner's trademark.

(this is in no case legal advice. my advice is only based on my working experience with trademarks, and I have no formal legal training.)

[DarkClearSky]

Super appreciate all the information.  I'd be just amazed (and perhaps a bit worried) if somehow the acronym FPGA was legally claimed and protected. 

[Abambo]

Super appreciate all the information.  I'd be just amazed (and perhaps a bit worried) if somehow the acronym FPGA was legally claimed and protected. 

By @DarkClearSky

I think yes. 

[DarkClearSky]

I believe you but so many products from so many companies - an entire industry - promoted and labeled as FPGAs.  Rightfully so - because they are indeed FPGAs.  Confused - how does this even work?  Can I trademark the name "milk" and make bank?

EDIT: I am appending on to this reply because I just remembered a lawsuit in the news not too long ago where indeed the milk industry trade association was suing the makers of "Almond Milk" to force them to remove the name "Milk" from their branding.  So.. not sure if that's the best example .. lol..

[George_F]

I think it's important to keep in mind that even if it isn't actually trademarked, Adobe could still take the stance of "We feel that there is a trademark there".  It very well could just be them err'ing on the safe side to be cautious. 

Taking the chance on an asset that might make them a few hundred dollars isn't worth a lawsuit that could cost hundreds of thousands of dollars.

I hope you report back with the results of the resubmission.  I really am curious about this one.  Cheers!

[Abambo]

Sure, Adobe will refuse, if they have a doubt. If they err, there are no consequences.

[DarkClearSky]

You bet - I'll report back if it made it or not and the reason.

Obviously not relevant to Adobe's independent decision on it - but for the curious - I also submitted this image to two other large microstock sites and the score so far is one accepted, the other is still in review.

While I'm here - I should comment on how much faster Adobe has been getting to reviews now.  In the past I've had waits that stretched up to 7 weeks.  This batch - which was a mixture of images and videos - took only a day.  Fantastic turnaround Adobe!  Love this!  I should add that I do not submit AI images.

[DarkClearSky]

Reporting back - the resubmission was accepted and it's out there for sale now.  Abambo gets the trophy.  Nice work!

[Abambo]

That was fast! Now.that you have done the modelling, why not to render 2 more views. Just to give a potential buyer sone choice. 

[DarkClearSky]

Indeed!  I've been super happy with Adobe's turnaround time lately!  The AI image flood seemed to bog it down for everyone for a while there...  to the point where I was pondering that Adobe's review process had broken.  Don't know what they did to fix it but very pleased that they did!

As for more renders on that model...  maybe..?  The pattern that I had fashioned is meant to resemble a generic form of programmable logic blocks with interconnecting switch blocks and (hopefully) a EE type would recognize it as programmable logic hardware and find it useful for a presentation or whatever.  Not sure its applicable to much else other than a high level abstract?  Maybe I could create a video version somehow..

In any event - I archive all the models I have made and they tend to build on each other over time for new things.  It's really a fun hobby - especially since the technology used to create these things is still evolving and so I'm constantly seeing new capabilities and learning its ways.  I just hope AI doesn't obsolete it all too soon.

[daniellei4510]

According to a reddit thread, "Analogue registerd the trademark for their FPGA logo on the Pocket" (whatever that means).

[DarkClearSky]

Perhaps the registration is for Analogue's FPGA logo - there is a unique FPGA stylized logo on their product.  That would make sense.

[Abambo]

It's for sure a figurative mark. It's not a wordmark.

[Ricky336]

The problem with trademark names is that even something innocent like 'apple' can be confused with 'Apple', or 'Adobe' with adobe, or 'coke', with Coke, and so on.

Everyday terms can now be trademarked to mean something else and a ubiquitous word is no longer ubiquitous! 

[Abambo]

Apple is going after each one using anyting wich apple in it's name, even restaurants. I got real coking coal refused (on a different stock database) because of an IP reason (have a Coke…). I had a long and extensive and fruitless discussion with their support. Ip refusals are sometimes simply for avoiding trouble, not exacly because they are correct.

[Ricky336]

This has been an ongoing theme...