Bostonist: Boston's Amphibious Fight

guest

Wed, 18 Jul 2007 09:44:43 -0500

When a company has a monopoly, as Boston Duck Tours has enjoyed for so long here in Boston, it is natural that people would drop the proper name, and use the name of the service instead. This is exactly the process that made the term 'duck tour' a generic term around the world over the past decade. It is unfortunate that most of Boston Duck Tours customers cannot recall the correct company name, but that should not give them sole ownership of terms that people use instead. In fact, a large percentage of references I've heard call them 'duck boats', though its not part of any official name or description by the Boston Duck Tours. If a company called 'Duck Boats' opened in Boston, would that be trademark infringement? It would certainly sound more confusing to me than 'Super Duck Tours'. I don't think that Super Duck wants to be confused with Boston Duck Tours. It only makes good common sense, though, that they would want people to know from their name what kind of services they offer, which is DUCK TOURS. Super Duck Excursions sounds more like a hunting trip. I think it's terribly unfair to cripple a business by barring it from using the service that it offers as part of its name.

guest

Mon, 16 Jul 2007 12:39:55 -0500

Those are all good examples of precedent for use of the term "Duck" by outfits not operating the actual equipment which begat the nickname; however, did any of those towns already have tour companies already using DUKW's and the "Duck" name? That's the bigger part of this: newer company attempting to co-op brand recognition established by existing company, via use of part of existing company's (more relevant) name.

guest

Fri, 13 Jul 2007 12:57:59 -0500

The following tour operators all use Hydra-Terras: - Diva Duck Amphibious Tours (West Palm Beach, FL) - DownEast Duck Tours (Portland, ME) - Portland Ducks (Portland, OR) - Albany Aqua Ducks (Albany, NY) - Ride The Ducks (Philadelphia,Seattle,Baltimore,Memphis,etc) - Caribbean Duck Tours (St. Maarten) - Captain Duck Tours (Puerto Rico) - Miami Duck Tours (Miami, FL) There are also other non-DUKW vehicles that are widely recognized as 'Duck's, including: - LARC (a vietnam era military vehicle), used by Cape Cod Duckmobiles (Hyannis, MA) - Stalwart (another military vehicle), used by Austin Duck Adventures (Austin, TX)

guest

Tue, 10 Jul 2007 10:09:35 -0500

By now I think most people around here know that the term "duck" is the nickname that was hung on the actual amphibious WWII vehicles, the DUKW, that have been used by Boston Duck Tours since inception. The name "Super Duck" has nothing at all to do with the vehicle that the newer outfit is using. To me it looks like a lay-up on a finding of infringement; namely, that Super Duck is attempting to use association with the existing name to enhance its own recognition within a similar business. If a company making bathtub sponges called one item the "Super Duck", then Boston Duck Tours wouldn't have an argument, but here they definitely do.

jon petitt

Tue, 10 Jul 2007 09:01:15 -0500

we gotta have people like you watching our backs. thanks trutopia...sometimes the mind gets foggy...

trutopia

Tue, 10 Jul 2007 08:58:14 -0500

I love you guys. Love, love. That's why I have to alert you to a gaffe in your lede: it's "once in a while," not once AND a while." Besides that, Bostonist rocks!