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From Mark Thomas <ma...@apache.org>
Subject Re: [ANN] TomcatProbe 1.0.8b is available to download
Date Wed, 29 Mar 2006 21:10:59 GMT
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


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