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From Craig L Russell <Craig.Russ...@Sun.COM>
Subject Re: Project Naming (was Re: [VOTE] Accept Glasgow into Incubator)
Date Mon, 07 Aug 2006 18:37:37 GMT
This discussion reminds me of the legal case that McDonalds brought  
against a small coffee shop in Half Moon Bay who had been doing  
business for 20 years as McCoffee's. Once McD discovered that they  
could claim any food-related trademark beginning with Mc, their  
lawyers were off in hot pursuit. They eventually settled the suit  
with an appropriate degree of rancor by changing their name to M  
Coffee. :-(

Seriously, while it's possible that someone could later on try to  
register a name already in use by an Apache project, said trademark  
registration would of necessity include a reference to the prior use  
(if relevant) at Apache. And if the registration owner tried to come  
after Apache later, first use would probably win (assuming any sense  
of fair play). But IANAL. And remember M Coffee.

Craig

On Aug 7, 2006, at 3:39 AM, Gav.... wrote:

>
>
>> -----Original Message-----
>> From: robert burrell donkin [mailto:robertburrelldonkin@gmail.com]
>> Sent: Monday, 7 August 2006 4:41 AM
>> To: general@incubator.apache.org
>> Subject: Re: Project Naming (was Re: [VOTE] Accept Glasgow into  
>> Incubator)
>>
>
> <snip>
>
>> given the amount of upset caused by names, i think that we should
>> appoint sanjiva as chief-name-wangler. his role would be to seek out
>> remote parts of the world with languages as yet untouched by
>> commercial name mining and come back with a harvest of great new  
>> names
>> for apache projects  ;-)
>
> Im sure (well 99% sure) this was in jest, but before coming to this  
> point
> In the discussion I was thinking along the lines of maybe having a  
> file
> Somewhere where a wide range of suitable names live, projects could  
> then
> Choose one knowing it has already gone through all the legal stuff  
> etc.
>
> This however has its downside in that in the future, some of these  
> names
> May get snapped up externally and get trademarked etc, meaning the  
> file
> Would have to be kept up to date in this regard.
>
> .. bringing me to my real question, suppose an incubating project  
> choose
> A name, it gets checked, yep all good and no legal issues, we now have
> (e.g.) barney.apache.org. Its been going a few months and then some
> External Company decides to trademark 'barney' as a piece of java
> Software - what is the legal stance there? I don't know, but I suppose
> I'm asking without looking, do names chosen for Apache projects get
> Legally protected by ASF, first come first served and all that.?
>
> Gav...
>
>>
>> - robert
>>
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>
>
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Craig Russell
Architect, Sun Java Enterprise System http://java.sun.com/products/jdo
408 276-5638 mailto:Craig.Russell@sun.com
P.S. A good JDO? O, Gasp!


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