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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: ASF Board Meeting Summary - December 16, 2009
Date Thu, 17 Dec 2009 19:58:14 GMT
Here's what I wrote earlier this morning:


Shane Curcuru asked:

> - What are the risks in allowing the Apache Pivot project in keeping 

> their name?


This is not the right question to discuss off the legal-internal list
without explicit attorney-client privilege.


However, there is nothing stopping us from writing to Microsoft to say:


   We note that you have filed in the USPTO to register a trademark

   on "PIVOT" (serial number 77859890). Please be aware that Apache

   Software Foundation has been using the trademark PIVOT for our

   own software. See http://incubator.apache.org/pivot/. 


Precede this with an appropriate greeting and add a gracious closing. I
would then leave it up to Microsoft's own attorneys to answer your question
for themselves.


I recommend that such a letter come from me as your attorney directly to the
deputy general counsel of Microsoft (whom I know personally, and since I
don't know the name of the head of their trademark department who reports to
him). I'm sure it will not cause a ruckus, merely careful rethinking of
their trademark application. Another thing it will do is to make Microsoft
attorneys more aware that ASF is a powerhouse of trademarked software.


Is that what you want?





From: Todd Volkert [mailto:tvolkert@gmail.com] 
Sent: Thursday, December 17, 2009 11:45 AM
To: legal-discuss@apache.org
Cc: pivot-dev@incubator.apache.org; ASF Team PRC; trademarks@apache.org
Subject: Re: ASF Board Meeting Summary - December 16, 2009



I would suggest following the advice of counsel (Larry) as a first step.

Sorry for asking people to repeat themselves, but the only email I saw from
Larry was the "WTF" email (I'm subscribed to legal-discuss, trademarks, and
pivot-dev) -- what advice should we be following?


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