www-legal-discuss mailing list archives

Site index · List index
Message view « Date » · « Thread »
Top « Date » · « Thread »
From Marvin Humphrey <mar...@rectangular.com>
Subject Trademark due diligence
Date Tue, 27 Jul 2010 20:16:36 GMT
(cc to trademarks@...)

Greetings,

Last week, a proposal to migrate Lucy from a subproject of Lucene to the
Incubator was approved.  (<s.apache.org/xU>)  We are now proceeding through the
incubation checklist.  One of the line items to be addressed has to do with
trademarks:

    Make sure that the requested project name does not already exist and check
    www.nameprotect.com to be sure that the name is not already trademarked
    for an existing software product.

The www.nameprotect.com site no longer offers free searches, so we have
followed the lead of JSPWiki (see
<https://issues.apache.org/jira/browse/JSPWIKI-547>) and conducted a search
for US trademarks at the United States Patent and Trademark Office using using
TESS, the Trademark Electronic Search System (TESS) at
<http://www.uspto.gov/main/trademarks.htm>, and a search for EU trademarks at
the EU Office for Harmonization of the Internal Market (OHIM) using the
Community Trademark Online database (CTM-ONLINE) at
<http://oami.europa.eu/ows/rw/pages/QPLUS/databases/searchCTM.en.do>.

There is at least one software product which has a live registered trademark
for the name "Lucy".  
    
    Epic Lucy PHR (Portable Health Record)
    http://www.epic.com/software-phr.php
    http://www.trademarkia.com/lucy-77157778.html
    Filing Date: 4/16/2007

    Goods and Services: Computer software for use in medical and healthcare
    fields, namely, computer software for managing, acquiring, storing,
    analyzing, maintaining, processing, structuring, reviewing, building,
    editing, distributing, communicating, organizing, sharing, referencing,
    monitoring and integrating information, and accompanying manuals sold as a
    unit; computer software for automating clinical and administrative
    healthcare processes
    
If the Apache criteria is indeed that the name cannot be trademarked by *any*
existing software product, as suggested by the Incubator line item above, then
a conflict may exist.  However, Epic's product would appear to occupy a
different niche -- "Computer software for use in medical and healthcare
fields" -- and therefore might not be considered "confusingly similar", as I
understand things.

A second concern of ours is a project which is now known as "Zettair".  It is
a search engine library, developed by the Search Engine Group at RMIT
University in Melbourne, Australia.  Prior to August 2004, it was known as
"Lucy".

    http://www.seg.rmit.edu.au/zettair/
    http://www.seg.rmit.edu.au/lucy/
    http://sourceforge.net/projects/lucy-search/

I am unclear on to what extent Zettair's old name constrains our ability to
use "Lucy".  Guidance is requested.

Epic Lucy PHR and Zettair are our two foremost concerns, but there are a number
of other software products associated with the name "Lucy" or its variants.
For these, see <https://issues.apache.org/jira/browse/LUCY-121> where the
results of our US trademark, EU trademark, and web searches have been recorded.  

Regards,

Marvin Humphrey


---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
For additional commands, e-mail: legal-discuss-help@apache.org


Mime
View raw message