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From Trustin Lee <trus...@gmail.com>
Subject Re: [VOTE] Directory project releases
Date Thu, 30 Dec 2004 23:06:08 GMT
Roy, how do you think about the name MINA?  I think you saw the
question I posted a couple of days ago.  I need your advice, too. :)

Thanks in advance.

Trustin

On Thu, 30 Dec 2004 14:29:19 -0800, Roy T. Fielding <fielding@gbiv.com> wrote:
> > Niclas Hedhman wrote:
> >> Janus is "God of Gates and Doorways" and a moon of Saturn was named
> >> after him in 1966.
> >> http://solarsystem.nasa.gov/planets/profile.cfm?Object=Sat_Janus
> >>
> >> The sited web page is about arbitration of a domain name and to
> >> regain control of such domain name. Janus Capital Group does not seem
> >> to go after every use of Janus, so it is not a matter of trademark
> >> issue;
> >> http://www.janus-software.com/
> >> http://www-odp.tamu.edu/database/
> >> http://www.janus-eu.org/Temp2/index-f.htm
> >> http://www.janusassociates.com/
> >> http://www.janusdevelopment.com/
> 
> No, that is not how trademark law works. It doesn't matter how common
> the
> name may be -- what matters is whether the name is distinctive within a
> given category of use (keeping in mind that these folks are on the
> Internet
> as well) such that they may have grounds for filing suit on the basis
> of us
> confusing their consumers.  I didn't say that they would need to win
> that suit.
> 
> My point was that the Janus name, like those of all Greek/Roman gods,
> is already being used by a dozen or so software projects, including some
> open source ones, in addition to there being a wealthy litigation firm
> concerned about use of the name on the Internet.
> 
> Using Janus as a name for a new product is therefore unwise.
> 
> ....Roy
> 
> 
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> 


-- 
what we call human nature is actually human habit
--
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