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From sebb <seb...@gmail.com>
Subject Re: svn commit: r1534216 - /commons/proper/fileupload/trunk/pom.xml
Date Tue, 22 Oct 2013 11:31:30 GMT
On 22 October 2013 08:50, Stefan Bodewig <bodewig@apache.org> wrote:
> On 2013-10-22, Mark Thomas wrote:
>
>> On 22/10/2013 08:12, Emmanuel Bourg wrote:
>>> Le 22/10/2013 00:33, Mark Thomas a écrit :
>>>> On 21/10/2013 23:31, Emmanuel Bourg wrote:
>
>>>> Thatis using Fileupload as a noun which isn't the correct usage of the
>>>> trademark.
>
>>> But how is it different from "Apache Tomcat" or "Apache Qpid"? We don't
>>> say "The Apache Tomcat component" or "The Apache Qpid component", right?
>
>> http://www.apache.org/foundation/marks/pmcs.html#naming
>
> One thing that the above link doesn't solve is a problem I faced (in a
> certain way still face) and that I might share with Emmanuel.  It is a
> problem of language.  Even in "Apache Foo library" Foo remains a noun
> (or rather part of a compound noun) in German and likely other
> non-English languages, it still is not an adjective at all.
>
> I for one have accepted this as "I don't understand it and leave any
> changes to native speakers" at this point.  Not only do I not understand
> the linguistic differences, I don't understand the relevance to
> trademark law either.  At one point in time I've learned that I don't
> need to understand everything :-)

The comparison I often use is:

1) The Ford car is blue.
1a) The car is blue.

2) The Ford is blue.
2a) The is blue.

In (1), the subject of the sentence is "car"; the attribute "Ford" can
be dropped and the sentence still makes sense (1a).

In (2) the subject of the sentence is "Ford"; it cannot be dropped
without creating a nonsense sentence (2a).

Another way to look at trademarks is that they are were originally
marks which are applied to tradeable items (e.g. goods).
The mark was a physical mark that was often physically applied to the
tradeable item.

They don't make sense without the item to which they apply.
Also the field of use is important; think Apple records (Beatles) and
Apple Computer.
The lawsuits started when Apple Computer started getting into the
music business.

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