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From Alex Harui <aha...@adobe.com>
Subject Re: [DISCUSS] OpenMiracl for Incubation
Date Wed, 11 Nov 2015 05:53:08 GMT


On 11/10/15, 9:37 PM, "Nick Kew" <niq@apache.org> wrote:

>On Wed, 2015-11-11 at 04:38 +0000, Alex Harui wrote:
>
>> In case it helps, when Adobe transferred the Flex trademark to the ASF,
>> the ASF licensed use of the Flex trademark back to Adobe so Adobe could
>> use Flex for its already-released versions and documentation.
>
>Aha, that's interesting.  The suggestion was floated that our
>project could be Apache MIRACL (sharing the name), but I
>thought ASF wouldn't be happy with that.  Overcautious? :)

@trademarks would make the final ruling.  Out in the wild, the terms
“Apache Flex” and “Adobe Flex” are used to distinguish between the Apache
versions and Adobe versions.  The trademark “Flex” is now owned by the
ASF.  IIRC, one aspect of the license back to Adobe was that Adobe could
not use it on newer versions, which was fine with Adobe since it was no
longer going to provide new versions of Flex, it just need a way to
reference the legacy versions since plenty of customers are still using
and talking about these legacy versions.

All Adobe website references to Flex (well, at least the prominent ones we
could easily find) had to be tweaked to indicate that Flex was now a
trademark of the ASF.

So a key question likely is: if there is something other than Apache
MIRACL also being actively promoted, like a commercial version from a
for-profit, then that would probably fail the “confusion” test and
@trademarks would likely frown on it.

I’m not sure the ASF allows new releases of commercial products to use the
trademark name, even with qualifiers like the company that produced it.
IIRC, Subversion sort of has a “nickname” in “SVN” that commercial
entities can use, but not “Subversion” itself.  When Adobe brought the
technology behind its PhoneGap product to the ASF, the project was given a
completely new name and then even renamed itself again to “Cordova”.
Meanwhile, AIUI, Adobe ships new releases of PhoneGap with proper
attribution to Cordova, but there is no "Adobe Cordova”.

Of course, I could be wrong ;-)

-Alex


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