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From Dain Sundstrom <d...@iq80.com>
Subject Re: JBoss trademark issue
Date Mon, 26 Mar 2007 18:25:28 GMT
On Mar 26, 2007, at 10:10 AM, David Jencks wrote:

> On Mar 26, 2007, at 12:50 PM, William A. Rowe, Jr. wrote:
>> Dain Sundstrom wrote:
>>> We tried to work with the community as an group independent of  
>>> the JBoss
>>> company, but it was very difficult to communicate without  
>>> stepping on
>>> the trademark.
>>> I think it would be very helpful to have an "OSI Approved" trademark
>>> grant along with the "OSI Approved" license.  It would help set
>>> expectations of open source communities on what is acceptable  
>>> trademark
>>> practice.
>> That's the trick.  We don't license Marks.
>> Most projects don't.  Refactor Tomcat, you may no longer call your  
>> work
>> Tomcat.  Refactor Java, you may no longer call the work Java.
>> The source code is open, the naming of it is quite closed, here or  
>> at some
>> commercial entity.  SO ... that leaves us with the marks being  
>> held by the
>> agent you trust.  Is it owned by the Open Source Project, or by  
>> one of
>> the project's Commercial Sponsors or interested parties?
>> Suggesting that every fork can retain the same name would just add  
>> chaos
>> to what many perceive to be a chaotic situation already.  What we  
>> do in
>> incubator, validating the uniqueness of our chosen marks, clearly  
>> establishing
>> first use, the name restrictions in the ASL all go a long way to  
>> prevent
>> any future confusion.
> that's not the issue wrt JBoss.  Several organizations (companies)  
> who had major jboss developers tried to offer support for the  
> unforked jboss product and were prevented from mentioning "jboss"   
> while trying to do so on trademark infringement grounds.
> An equivalent would be apache suing anyone who offered commercial  
> tomcat support if they mentioned "apache" or "tomcat".

Absolutely.  I believe there is an unwritten understanding about what  
should be allowed with regards to the trademark for an opensource  
project, and in the US that is largely allowed by US trademark law.   
Unfortunately in places like Germany, you can be prevented from even  
mentioning someone else's trademark.

I believe that there is a need for those basic understandings to be  
captured in a license.


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