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From Shane Curcuru <...@shanecurcuru.org>
Subject Re: [DISCUSS] Apache Mayhem proposal
Date Thu, 08 Nov 2012 21:08:44 GMT
(Note the various distribution lists of this mail)

This is still a proposal to the Incubator, correct?  From strictly a 
trademarks@ point of view, the name needs final vetting before 
graduation.  As long as they're not causing an obvious problem with some 
other related software product currently, it's really up to the 
community to decide on the name (or changes thereto).

Trademarks are fundamentally about consumers - not about the project 
leaders or committers.  The point of trademarks is that an informed 
consumer can be assured of the source of some specific goods that 
they're obtaining - in our case, they can be assured that when they 
download something being called Apache Steve, that they're actually 
getting our Apache Steve software, and not someone else's software.

This is important to understand because trademarks are generally only 
applicable within a specific class of goods, as well as for a specific 
kind of good.  The examples below are all in class 9, computer products 
(mainly software).  So the question is: would a reasonably intelligent 
end user who might want to find and download a software product be 
confused between which kind of Mayhem they're getting?  8-)  That takes 
a little judgement, and a slightly more detailed description of what 
each product does.

----

If the project community wants to keep "Mayhem" as the name, they need 
to be aware that common word names have limitations on how much 
protection we can give them.  However in our case - as a public charity 
that uses open communities to build projects - if the community is fine 
with allowing other Mayhems out there, and is willing to not infringe on 
any of the other pre-existing software products, they can keep the name. 
  They'll just need to be comfortable with co-existing with lots of 
mayhem out there.  8-)

- Shane

OK, now I want to find a way to use the maximum number of Apache project 
names in some crazy short story...



On 11/6/2012 9:23 AM, Christian Grobmeier wrote:
> Putting trademarks into the loop.
>
> Trademark people, any comments to Simones mail? I am not sure if a
> commonly used word like "Mayhem" can be a matter of an trademark
>
> Thanks in advance,
> Christian
>
> On Tue, Nov 6, 2012 at 2:27 PM, Simone Tripodi <simonetripodi@apache.org> wrote:
>> Good morning President :)
>>
>> Gianugo pointed me to the homepage of Make Mayem[1] and I found a
>> trademarked software[2] which is called Mayhem as well.
>> Trademarkia shows that more than 10 pages of results of products are
>> registered with the name "Mayhem", which I suspect is a daily used
>> word in English language, especially in the US.
>>
>> Giving an overview:
>>
>>   * _Make Mayhem_ is an application that lets you connect trigger
>> events to reactions. Unlike writing a program, you simply select an
>> event and a reaction, and then turn on the connection. Voila! No code
>> or app required.
>>
>>   * _Mayhem_ is a computer software for use in the encryption and
>> decryption of digital files, including audio, video, text, binary,
>> still images, graphics and multimedia files
>>
>>   * _Apache Mayhem_ aims to create a community focused on the
>> development and maintenance of a set of Google Guice extensions
>>
>> My question - IANAL and don't aim to be :P - is: where the legal
>> issues comes out? We don't aim to "invade" someone else's domain...
>> If the Mayhem is a trademark by Grey Heron Technologies, LLC for a
>> software, aren't Outercurve's guys violating a TM?
>>
>> Sorry if asking silly questions, many thanks in advance!
>> best,
>> -Simo
>>
>> [1] http://www.makemayhem.com/
>> [2] http://www.trademarkia.com/mayhem-85483903.html
>> [3] http://www.trademarkia.com/trademarks-search.aspx?tn=Mayhem
>>
>> http://people.apache.org/~simonetripodi/
>> http://simonetripodi.livejournal.com/
>> http://twitter.com/simonetripodi
>> http://www.99soft.org/
>>
>>
>> On Tue, Nov 6, 2012 at 2:10 PM, Jim Jagielski <jim@jagunet.com> wrote:
>>> Different topic: Is there a potential naming/trademark
>>> issue related to a pre-existing project?
>>>
>>>          http://www.outercurve.org/Galleries/InnovatorsGallery/Mayhem
>>>
>>> Thanks!
>>>
>>>
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>
>
>


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