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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: ASF Board Meeting Summary - December 16, 2009
Date Thu, 17 Dec 2009 19:02:46 GMT


ASF already has a trademark attorney. Me. Please tell your trademark lawyer
friend to mind his own business. Say it politely. I'm sure his opinion
wasn't meant to contradict mine-but it does.


Did you or he write that absurd opinion on an Apple (TM) computer. Using
Windows (TM)?







From: Todd Volkert [mailto:tvolkert@gmail.com] 
Sent: Thursday, December 17, 2009 10:50 AM
To: legal-discuss@apache.org
Cc: trademarks@apache.org
Subject: Re: ASF Board Meeting Summary - December 16, 2009


Just talked to a trademark lawyer friend of mine, and he emphasized that you
can't trademark a common word in the English language (like "Pivot") - you
can trademark a sequence of words, like "Microsoft Pivot", a graphic, a
jingle, etc.  So what exactly did MS trademark -- "Microsoft Pivot"?  If so,
then I'd think we're in the clear to use "Apache Pivot"...


On Thu, Dec 17, 2009 at 1:09 PM, Greg Brown <gkbrown@mac.com> wrote:

FWIW, all of our public communications introduce the project as "Apache
Pivot" but often later use the shortened "Pivot" form to avoid unnecessary
verbosity. Not sure if this is relevant, but I thought I would mention it.


On Dec 17, 2009, at 12:07 PM, Todd Volkert wrote:


Tho has it been using "Pivot" or "Apache Pivot"? And how long has msft
been using their "Pivot" (unregistered) mark?

It's been "Apache Pivot".  As far as I can tell, Microsoft only publicly
announced their Pivot project in late November '09.

Forgive my ignorance, but what's the process towards getting this resolved?
It stands to reason that we shouldn't migrate our infrastructure and such
until we make sure that we're ok to keep the name "Apache Pivot", but how is
that determination made?




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