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From "Noel J. Bergman" <n...@devtech.com>
Subject Handling of Traffic Server Trademark
Date Tue, 19 Jan 2010 02:50:32 GMT
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.  :-)

	--- Noel



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