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From "Gav..." <ga...@16degrees.com.au>
Subject RE: Handling of Traffic Server Trademark
Date Tue, 19 Jan 2010 03:16:01 GMT


> -----Original Message-----
> From: Noel J. Bergman [mailto:noel@devtech.com]
> Sent: Tuesday, 19 January 2010 12:51 PM
> To: general@incubator.apache.org
> Subject: Handling of Traffic Server Trademark
> 
> Leif Hedstrom wrote:
> 
> > Traffic Server would like to resolve the TradeMark issues.
> > Who would be able to make this call?
> 
> The relevant content is:
> 
> > Y! holds several TMs for the name "Traffic Server", most of which
> > expires soon. Our legal team has proposed two possible solutions,
> > the first being the easiest for us.
> 
> >    1. Yahoo! provides ASF with a letter of assurance stating that we
> >       own all right, title and interest in and to the TRAFFIC SERVER
> >       mark and the four active registrations and that we will not
> take
> >       any action against ASF or any of its licensees during the life
> of
> >       these registrations (and we'd express our intention of letting
> >       them lapse and expire in this letter).
> 
> >    2. Yahoo! will assign all right, title and interest in and to the
> >       TRAFFIC SERVER mark including the four active registrations to
> >       ASF [though we'd probably want to make this contingent on
> getting
> >       through the incubator stage].
> 
> We can run this through Apache Legal, but my take is that we'd prefer
> option
> #2, which is the same route that I believe was previously used for
> SpamAssassin.
> 
> One issue, as I understand it, is that the ASF probably should not be
> letting marks lapse, and should be maintaining them.  But those aspects
> ought to be ASF-wide, and would come from Apache Legal.
> 
> Does anyone else have an opinion?  Please do offer it.  :-)

Can I suggest this question gets asked on trademarks@apache.org list.
I believe all trademark issues should go there, if needed they would
refer to legal as and when.

I haven't followed the history of this thread, so don't know if
http://apache.org/foundation/marks/ has been pointed to yet.

Gav...

> 
> 	--- Noel
> 
> 
> 
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