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From Ian Holsman <li...@holsman.net>
Subject Re: [ANN] TomcatProbe 1.0.8b is available to download
Date Wed, 29 Mar 2006 21:53:28 GMT
just a point here.
the guy has got a good tool, which may be of benefit to the community.

I don't think any of us in the ASF think he is a schmuck... and we  
REALLY hope he will continue with ongoing development of his tool.
we just object to the name, and hope we can come to a mutually  
acceptable solution which benefits both of us.

regards
Ian
(not a lawyer, and not speaking for the ASF in a official capacity)

On 30/03/2006, at 8:36 AM, Jesse Kuhnert wrote:

> yeah! good to see that someone is here to protect us from schmucks :)
>
> On 3/29/06, Lawrence Rosen <lrosen@rosenlaw.com > wrote:I suggest  
> we take this to legal-internal.
>
> /Larry
>
> Lawrence Rosen
> Rosenlaw & Einschlag, a technology law firm (www.rosenlaw.com)
> Stanford University, Lecturer in Law
> 3001 King Ranch Road, Ukiah, CA 95482
> 707-485-1242  *  fax: 707-485-1243
> Author of "Open Source Licensing: Software Freedom and
>                 Intellectual Property Law" (Prentice Hall 2004)
>
> -----Original Message-----
> From: Mark Thomas [mailto: markt@apache.org]
> Sent: Wednesday, March 29, 2006 1:11 PM
> To: lrosen@rosenlaw.com
> Cc: legal-discuss@apache.org
> Subject: Re: [ANN] TomcatProbe 1.0.8b is available to download
>
> Lawrence Rosen wrote:
> >>Upayavira wrote:
> >>
> >>>But surely 'Tomcat' is also an Apache trademark. It would, to my  
> mind,
> >>>be valid to describe it as "XXX Probe for Apache Tomcat", but  
> not Tomcat
> >>>Probe.
> >>>
> >>
> >>This is what I am thinking. Can any one give a more definitive  
> opinion
> >>one way or the other?
> >
> >
> > If we filed a US registration we'd be able to answer that question
> > precisely. However, in our somewhat informal state of common law
> trademark,
> > which is all we have, it isn't clear to me what the "goods" are  
> that are
> in
> > association with the "Tomcat" mark. That's one other advantage of
> > registration.
> >
> > I suggest, though, that "Tomcat Probe software" would be an  
> infringement
> of
> > our common law trademark in "Tomcat software." We shouldn't  
> acquiesce in
> > their use.
> >
> > /Larry
>
> The Tomcat PMC has been in contact with the author of "Tomcat Probe"
> and he is unwilling to change the name without an official Apache
> position that this is a trademark infringement.
>
> Where do I go to get such a statement? Is Larry's statement above it?
> If it is, I am concerned about the use of the phrase "I suggest...".
> IANAL. Is this just lawyer speak for "In my opinion x, but nothing is
> certain unless you go to court and ask a judge."?
>
> For the legally minded the author's position is:
> <quote>
> * "Tomcat Probe" is a phrase to express the very nature of the project
> and not just a catchphrase. It is my interpretation that "Tomcat
> Probe" qualifies as "customary description of work" and therefore does
> not violate Apache License and I will stand by this until I hear an
> official position of ASF on this matter.
> </quote>
>
> Finally, is this the right list to be having this discussion given
> that it is publicly archived? If not, where is?
>
> Thanks in advance for any advice on this.
>
> Mark
>
>
> ---------------------------------------------------------------------
> DISCLAIMER: Discussions on this list are informational and educational
> only.  Statements made on this list are not privileged, do not
> constitute legal advice, and do not necessarily reflect the opinions
> and policies of the ASF.  See < http://www.apache.org/licenses/> for
> official ASF policies and documents.
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> To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
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>
>
> ---------------------------------------------------------------------
> DISCLAIMER: Discussions on this list are informational and educational
> only.  Statements made on this list are not privileged, do not
> constitute legal advice, and do not necessarily reflect the opinions
> and policies of the ASF.  See <http://www.apache.org/licenses/> for
> official ASF policies and documents.
> ---------------------------------------------------------------------
> To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
> For additional commands, e-mail: legal-discuss-help@apache.org
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>
>
>
> -- 
> Jesse Kuhnert
> Tacos/Tapestry, team member/developer
>
> Open source based consulting work centered around dojo/tapestry/ 
> tacos/hivemind.   http://opennotion.com

--
Ian Holsman  ++61-3-9877-0909
Some days we are the flies; some days we are the windscreens



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DISCLAIMER: Discussions on this list are informational and educational
only.  Statements made on this list are not privileged, do not
constitute legal advice, and do not necessarily reflect the opinions
and policies of the ASF.  See <http://www.apache.org/licenses/> for
official ASF policies and documents.
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