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From Niclas Hedhman <>
Subject Re: Check of project name for trademark issues
Date Tue, 12 Jun 2007 10:05:10 GMT
On Tuesday 12 June 2007 14:45, William A. Rowe, Jr. wrote:
> Niclas Hedhman wrote:
> > Registration of Trademarks in itself are not very expensive, so Jayasoft
> > could register it and donate it to the ASF, as an additional safe guard.
> > However, ASF will not be able to 'protect' the mark and hence it might be
> > lost in the future, but at least someone else can't cause us problem in
> > the near to mid term.
> Howso???  We are very vigorous in defending our marks and rely on all of
> our contributors to point out when there is a violation.  The project
> affected private@ list is the best place to start off, but followup to
> is also very worthwhile.

Well, "cease and desist" letters are just the precursor of "I'll sue you", 
which ASF barely have the resources to do, unless some altruistic lawyer 
would take upon him/her self to do so at no or very low cost...
So, someone who wants to destroy a ASF mark is very likely getting away with 
it, because we don't have the financial resources available to protect it to 
the extent possible under the law.

> No - we haven't had to sue anyone, requesting violators just cease and
> desist has worked very well for us, so far.

Yes, thanks to the same principle; Most people want to play nice. Most 
infringements from us and others are based on ignorance, and hence when 
pointed at it most (us included) will try to rectify.

> However we aren't likely to waste time/money fighting over a patent where
> we clearly infringed in the first place, so registering Apache Illustrator
> (to borrow your example) is sort of pointless.  We would be likely to lose
> on ambiguity and similarity, so why fight such a battle?

Patent? I assume you mean trademark... I wasn't speculating in registering a 
Apache Illustrator (which I presume the USPTO would decline), but arrogantly 
starting such project, for instance (my speculation based on) 
because "Illustrator" is not a registered mark since it wasn't unique enough 
for Adobe (or was it Aldus) to do so, and hence Adobe (in my hypothetical 
example) would be upset... Perhaps a less harsh example should have been 
created to illustrate...

Well, well...

Niclas Hedhman, Software Developer

I  live here;
I  work here;
I relax here;

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