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From Markdela...@aol.com
Subject Re: Another XSP - and no mention of Cocoon
Date Mon, 11 Nov 2002 21:06:56 GMT
copyright vs trademark.

yes your right in that the branding concepts I was lumping under copyright.  Really the apache
license covers the copyright so that's golden.

the branding (e.g. xsp) is under the trademark concept.  As I said there's nothing on the
website stating trademark infringement explictly like you see on major vendors, e.g. MS, Sun,
IBM, etc.

However under trademark law there is the concept of common law trademark where you don't explicitly
trademark anything (something I learned from my lawyer family in the last 15 minutes.)  Anyway
someone needs to check when trilog... started advertising their form of XSP.  If it was after
cocoon's notification (publication to the website and news, etc.) then I'd think trilog and
co.  are about to see merde hit the fan.  assuming apache and co. wanted to do anything about
it.  This is under trademark infringement.  Personally I'd do something, if nothing else to
write a cease and desist/angry email.

And then if someone sued them or slapped an injunction on them we could see if they were usign
the cocoon code and if so then they're not be abiding by the apache license then they're in
copyright infringement.

oops.  either way someone should say something to apache, e.g. look at the copyright/trademark
issues if any.  I myself wouldn't know who to talk to..

MD

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