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From "Roy T. Fielding" <>
Subject Re: Now what?
Date Thu, 05 Sep 2002 13:10:28 GMT
> However, do you think that Sony would have let us go away with "Apache
> PlayStation" if we had one? What if they start selling millions of "sony
> cocoon"s?

It doesn't matter to us.

> So I'm asking the PMC to take a reasonable action to protect our brand
> "Apache Cocoon" in a way that would not make it possible for Sony (or
> anybody) to make us 'cease and desist' to use our name.

They cannot do so -- we have the advantage of prior art.  OTOH, we cannot
afford to engage in a legal battle with a billion dollar corporation on
a fight over a trademark which is neither registered nor registerable,
unless it is in the form of a counter-suit.

Just forget about it -- that is the negative aspect of choosing a fairly
common name for the project, even if it is a good one.  If they come after
us, then we have the ability to hire a lawyer on commission to counter-sue
their asses off for wrongful litigation.

In short, legal action must be considered an avenue of last resort.
We simply cannot afford to act like a for-profit corporation.


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