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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: trademark issue
Date Fri, 21 Jul 2006 03:25:24 GMT
William Rowe wrote:
> This is /really/ important.  "Apache" and "Apache Software Foundation"
> are not /registered/ marks.  However, they are under almost every nations'
> laws still a trade mark, with different but not necessarily less
> protection
> than a registered mark.
> 
> If someone tried to register "Apache" it would be trivial in any
> jurisdiction
> to shoot down that attempt.  Think of this in terms of protecting the name
> of a new ASF project down-the-road.  The concept here is "First Use in
> Commerce".  If we are first, we have the strongest claim.

Please be cautious here. I'll take this part of the discussion to
legal-internal, but in the meantime please don't assume that being first in
use is all that it takes everywhere in the world.

/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: William A. Rowe, Jr. [mailto:wrowe@rowe-clan.net]
> Sent: Thursday, July 20, 2006 8:12 PM
> To: Yonik Seeley
> Cc: Matthias Wessendorf; legal-discuss@apache.org
> Subject: Re: trademark issue
> 
> Yonik Seeley wrote:
> > Personally, I used a combination of
> > 2) google, to avoid software products with the same name, even if
> > they aren't trademarked
> 
> This is /really/ important.  "Apache" and "Apache Software Foundation"
> are not /registered/ marks.  However, they are under almost every nations'
> laws still a trade mark, with different but not necessarily less
> protection
> than a registered mark.
> 
> If someone tried to register "Apache" it would be trivial in any
> jurisdiction
> to shoot down that attempt.  Think of this in terms of protecting the name
> of a new ASF project down-the-road.  The concept here is "First Use in
> Commerce".  If we are first, we have the strongest claim.
> 
> So if anyone in the computer industry has used your proposed project name
> in anything related to computing (even the model name for a desktop PC)
> then things become murky and we don't want that.  Avoid existing names
> that
> have apparently ever been used for the name of software especially, and
> also
> for other computing-related things.


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