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From Shane Curcuru <...@shanecurcuru.org>
Subject Re: [VOTE][RESULT] Trademark and Brand
Date Thu, 01 Dec 2011 21:47:59 GMT
On 2011-11-30 1:55 PM, Lawrence Rosen wrote:
> Folks,
>
> I notice that you're leaning toward "Apache OpenOffice".

Actually the PPMC held a formal vote and specifically chose this name, 
so it's their plan of record, and not just leaning towards.

> Please proceed cautiously and get proper legal advice first. On first
> blush, this sounds and looks very much like the OpenOffice trademark
> that Oracle already had to work around. Simply putting Apache in
> front of something doesn't necessarily distinguish it from other
> trademarks.

We also have different objectives (and a vastly different set of 
resources) than Oracle has with it's corporate trademark strategy.  So 
from a policy standpoint, I still support the name, and the PPMC should 
feel free to move ahead with their rebranding.

I will work with VP, Legal to get at least some form of feedback from 
counsel on the issues that may come up from using this name.  The 
podling does need to be aware that there are holders of "OpenOffice" as 
a registered trademark in certain jurisdictions, so the AOO podling and 
future TLP will need to be diligent in ensuring that we always properly 
refer to our own products with the "Apache" in front.

>
> For example, I imagine that Apache Firefox would be resisted by
> Mozilla.
>
> NOTE: This email is not legal advice.

I didn't imagine that it was, but that's something that is very 
important for our PPMC to realize: you (Larry) are explicitly *not* 
serving as counsel for the ASF either on this matter or in any other 
capacities currently.  Merely as an interested ASF member commenting on 
one of our very interesting projects.

- Shane

>
> /Larry
>
>
>
>> -----Original Message----- From: Shane Curcuru
>> [mailto:asf@shanecurcuru.org] Sent: Wednesday, November 30, 2011
>> 6:56 AM To: trademarks@apache.org; ooo-dev@incubator.apache.org
>> Subject: Re: [VOTE][RESULT] Trademark and Brand
>>
>> Note: yes, you should explicitly email trademarks@ if you have a
>> specific brand question that needs a direct answer.  Thanks.
>>
>> On 2011-11-29 8:58 AM, Rob Weir wrote:
>>> In case it was not clear, we're waiting for a "go-ahead" from
>>> Shane before taking the rebranding to the next step, e.g.
>>> updating website, revising the logo, communicating the change,
>>> etc.
>>
>> +1, Apache OpenOffice is the perfect name for the podling.
>>
>> Have folks thought about a final logo yet?  (Note: that's not at
>> all required, I'm just curious - and am wondering how to make a
>> smooth looking logo including the "Apache" with the gulls)
>>
>>>
>>> Also, one of the incubator graduation checklist items is:
>>>
>>> "Make sure that the requested project name does not already exist
>>> and check www.nameprotect.com to be sure that the name is not
>>> already trademarked for an existing software product."
>>
>> I have not seen any issue in similar TM searches.
>>
>> - Shane
>>
>>>
>>> It would be good to know whether this is something that Shane
>>> does as part of this approval project, or whether this is
>>> something we do. (And if we do it, then how do we get a login?).
>>>
>>> Finally, I've seen other podlings call for a vote on
>>> general.i.a.o
>> for
>>> a podling name change, e.g., HMS to Ambari.  Is this required?
>>>
>>> -Rob
>> ...snip...
>
>


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