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From Niclas Hedhman <nic...@hedhman.org>
Subject Re: Cactus-Dev Name Conflict
Date Thu, 30 Jul 2009 01:47:25 GMT

I think we won't know how to react to this until Larry, other attorneys and
the Board have worked out what will should and should not protect.

Personally, I think his site is not a problem for us, and he should be given
expressed permission, but see above...


On Jul 30, 2009 4:48 AM, "Pier Fumagalli" <pier@betaversion.org> wrote:

I'm forwarding your message to the legal-discuss@apache.org mailing list
which is specifically dealing with legal aspects / naming conflicts / ...


2009/7/28 Ivan Kiss - Cactus-Dev <ivan.kiss@cactus-dev.com>

> Hello Pier!
>  My name is Ivan Kiss, managing director of the Hungarian company
> "Cactus-Plas". I found your e-mail address on the following page:
> http://mail-archives.apache.org/mod_mbox/jakarta-cactus-dev/200110.mbox/%3C009301c1605d$3e2483d0$9ac8c8c8@vizzavi.fr.corp.vizzavi.net%3E
> during browsing forums and mailing lists for a contact person for an entity
> named or identified as "Cactus-Dev". The reason of contacting You is to
> discuss a potential name conflict which was just discovered.
>  I myself graduated as an engineer in information technology, and as such,
> I am interested in development tasks, for different platforms, different
> target devies. Some months ago a friend of mine and I established a 2-person
> programmer group to develop applications for Apple's iPhone hoping to sell
> them through Apple's online store (http://store.apple.com/us). Since the
> officially registered name of my company - the main activity of which is not
> computer technology or programming - is "Cactus-Plas", we had the idea to
> name our group "Cactus-Dev" referring to both the company and the activity
> of development, because we want to run this business through my company. I
> already registered the domain name cactus-dev.com, and applied for
> enrollment at Apple to participate in its development program, which process
> is already finished and we are now enabled to develop and sell our
> softwares. However our chosen name "Cactus-Dev" was rejected by Apple
> (contractor/seller name must be the company's registered name), nevertheless
> I already possess the domain name ownership, the webpage itself (which is
> only a "welcome" html) and we already registered at many websites with our
> mail addresses of the following format %user%@cactus-dev.com<user%25@cactus-dev.com>
>  Some days ago, during a test-search with Google for any references on the
> web to our group Cactus-Dev, I was shocked to find the mailing lists running
> for many years now... :)
>  Please contact me to clarify the further usage (of my side) of the
> expression "Cactus-Dev". If You do not wish to go in details, a simple
> answer like "you should/should not use this name" will be enough for me.
>  We are not going to register the name "Cactus-Dev", put any copyright,
> whatever... But I believe this is better clarify prior to any distribution
> to avoid further inconveniences and difficulties.
> Thanks in advance for your swift response!
> Greetings from Hungary!
> Ivan Kiss
> Cactus-Dev
> --
> E-mail: ivan.kiss@cactus-dev.com, cactusplas@gmail.com
> Mobile: (+36) 20/416-410-1
> Fax: (+36) 76/998-648
> --

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