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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: ASF Board Meeting Summary - December 16, 2009
Date Thu, 17 Dec 2009 19:55:04 GMT
Todd,

Understood, and I apologize to you for that.

FWIW, your attorney friend should have been more careful when he talked to
you. You're not expected to know--and I wouldn't have been so eager to jump
down your throat if you'd merely expressed your own opinion. I've become
sensitized to hearing absurd advice, particularly about open source but even
about more traditional IP subjects, from attorneys who should have studied
harder for the test. That part was just me being cranky.

/Larry


Lawrence Rosen
Rosenlaw & Einschlag, a technology law firm (www.rosenlaw.com) 
3001 King Ranch Road, Ukiah, CA 95482
Office: 707-485-1242    Cell: 707-478-8932
Apache Software Foundation, member and counsel (www.apache.org) 
Open Web Foundation, board member (www.openwebfoundation.org) 
Stanford University, Instructor in Law
Author, Open Source Licensing: Software Freedom and Intellectual Property
Law (Prentice Hall 2004)


> -----Original Message-----
> From: Todd Volkert [mailto:tvolkert@gmail.com]
> Sent: Thursday, December 17, 2009 11:18 AM
> To: legal-discuss@apache.org
> Cc: trademarks@apache.org
> Subject: Re: ASF Board Meeting Summary - December 16, 2009
> 
> For what it's worth, Larry, I would have figured that Apple's trademark
> is
> on the logo.  Here are other trademarks owned on "Apple" by other
> companies...
> 
> http://www.trademarkia.com/apple-74034647.html
> http://www.trademarkia.com/apple-74362361.html
> http://www.trademarkia.com/apple-74473432.html
> http://www.trademarkia.com/apple-75434873.html
> ... list continues...
> 
> So before you jump down my throat, try to see that from a layperson's
> perspective, it wouldn't seem like an absurd statement.
> 
> -T
> 
> 
> On Thu, Dec 17, 2009 at 2:05 PM, Todd Volkert <tvolkert@gmail.com>
> wrote:
> 
> > Didn't mean to offend, Larry - just trying to figure this situation
> out.
> >
> > -T
> >
> >
> > On Thu, Dec 17, 2009 at 2:02 PM, Lawrence Rosen
> <lrosen@rosenlaw.com>wrote:
> >
> >>  WTF?
> >>
> >>
> >>
> >> 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)?
> >>
> >>
> >>
> >> /Larry
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >> *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"...
> >>
> >> -T
> >>
> >> 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?
> >>
> >> -T
> >>
> >>
> >>
> >>
> >>
> >
> >



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