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From Rob Davies <rajdav...@gmail.com>
Subject Re: [REPORT] Apache ActiveMQ - October 2012
Date Fri, 12 Oct 2012 10:01:18 GMT
Hi Jeff - inlined:

On 11 Oct 2012, at 18:33, Jeff Genender wrote:

> Cool report… just a quick note about the trademarks.
> 
> Apache has what is known as "common law" trademark.  You cannot use the "R" symbol unless
it is registered as a trademark with the USPTO.  According to the USPTO, the trademark currently
belongs to "LogicBlaze" of which I believe the common law trademark by Apache trumps it and
if fought in court, Apache would likely win (incubation occurred in 2005 and the registered
trademark occurred in 2006).  Since LogicBlaze was acquired in the following order...
> 
> Logicblaze -> IONA -> Progress -> RedHat
> 
> It would stand to reason that RedHat would probably be the official owner of this trademark
and Apache would probably need to get the ownership transferred.
LogicBlaze (Winston) supposedly gave the trade mark for ActiveMQ and ServiceMix to the ASF.
Iona asked for the paper work for this transaction but there isn't any - and the trademarks
were not actually acquired by IONA (because LogicBlaze no longer owned them). I suspect that
the paper got left in a bar of in some ones bottom draw.

cheers,

Rob
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