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From Jeff Genender <jgenen...@apache.org>
Subject Re: [REPORT] Apache ActiveMQ - October 2012
Date Thu, 11 Oct 2012 17:33:08 GMT
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.

Since Apache would be considered the common law holder of the trademark, you may use the "â„¢"
until the transfer occurs.

As for the domain names,,, good luck with that.  Getting a domain name from a cybersquatter,
even with a registered trademark, can be difficult and is a fairly intensive process which
may require a court order.  You have a much better chance of obtaining the domain name with
a registered USPTO trademark with minimal process than you would with common law, since those
web site holders can also claim common law to a degree.  You can read more on this process
here:

http://www.icann.org/en/help/dndr/udrp/rules

Just wanted to help fill in the gaps for this.  As a side note, clearly IANAL, but I went
through a lot of trademark investigation for my company and had to wade through a lot of muck
including getting domain holders and twitter ids. ;-)  

Hopefully this is helpful.

Cheers,

Jeff

On Oct 11, 2012, at 8:20 AM, Hiram Chirino <hiram@hiramchirino.com> wrote:

> TLP Description:
> 
> Apache ActiveMQ is a popular and powerful open source messaging server. Apache ActiveMQ
is fast, supports many Cross Language Clients and Protocols, comes with easy to use Enterprise
Integration Patterns and many advanced features while fully supporting JMS 1.1 and J2EE 1.4.
> 
> Community:
>  * The development and user lists continue to stay active.
>  * Christian Posta was voted in to be an ActiveMQ committer
> 
> Development:
>  * It was a busy quarter in which we released ActiveMQ 5.7.0 along with a native client
releas and an Apollo releases.
>  * ActiveMQ 5.8 has just started development and is working towards implmenting AMQP
1.0 using the proton library from the Apache Qpid project.
>  * ActiveMQ-CPP 3.5.0 is in testing now and should be completed before years end.
> 
> Trademark / Branding Status:
> 
>  * The activemq.org and activemq.com TLD's are owned by other entities
>  * Need to investiate if we should be using (R) instead of (TM) for the ActiveMQ mark
>  * Sub-projects need to be reviewed to make sure they are also compliant
>  * Documentation and readme files will also be reviewed for compliance
> 
> Releases:
> 
> * Apache ActiveMQ 5.7.0
> * Apache.NMS.Stomp 1.5.3
> * Apache Apollo 1.4
> * Apache ActiveMQ 3.4.5 in progress.
> 
> 
> -- 
> 
> Hiram Chirino
> Engineering | Red Hat, Inc.
> hchirino@redhat.com | fusesource.com | redhat.com
> skype: hiramchirino | twitter: @hiramchirino
> blog: Hiram Chirino's Bit Mojo
> 
> 


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