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From Graham Lauder <yori...@openoffice.org>
Subject Re: OpenOffice.org branding
Date Tue, 26 Jul 2011 22:58:04 GMT
On Tue, 2011-07-26 at 14:20 -0700, William A. Rowe Jr. wrote:
> On 7/26/2011 1:50 PM, Graham Lauder wrote:
> > On Tue, 2011-07-26 at 13:26 -0400, Sam Ruby wrote:
> >>
> >> Trademarks simply are not my area of expertise.
> > 
> > Fair enough, I've sent a mail to trademarks@. With a little luck they'll
> > be able to clarify.  The one thing that we have onside is that "Apache"
> > has been used by others:  Boeing obviously for the helicopter and an
> > offshore power boat manufacturer over which there was a Federal court
> > battle for ownership of the TM.  That was with another boat manufacturer
> > however.  Boeing use is obviously very high profile but I haven't been
> > able to find any mention of them having any deal with the Apache Tribal
> > Nation over it's use. 
> 
> Disclosure: IANAL and Tradmarks are not my area, either.
> 
> But you clearly are missing one very important aspect of Trademark law
> here, a Mark is claimed or granted within a specific business/industry,
> etc.  Bass brewing company did not seek to brand either fish or musical
> performance.  They branded a beer.  That didn't stop bass instruments
> from sharing the same word.
> 
> The helicopter has nothing whatsoever to do with creation of open source
> software.  Now if you are talking about motorized vehicles (or vehicle
> motors) that might be traipsing into similar purposes, but we don't
> brew beer or build motors here.
> 
> It does not matter if others have dissimilar products called "Apache"
> or if we invented the word; this entire train of discussion is entirely
> irrelevant to the subject of the OpenOffice.org mark.

It's not about trademarking similarity, that has nothing to do with it.
It is about using the IP of an indigenous peoples without
acknowledgement or permission.  This may not be a problem in the US so
we need not worry about it, but it has been an issue elsewhere

http://en.wikipedia.org/wiki/Indigenous_intellectual_property#Examples_of_Indigenous_peoples_defending_their_intellectual_property


You will note that a consortium of Apache Tribes has taken action
against a number of American Museums over other IP issues.  Maori have
sought to protect the name "Maori".  Native Americans have attended
Indigenous Peoples Conferences here in NZ and seen Maori activism in
action.  It's not a huge shift to think that an Apache consortium could
take a leaf out of their book.

To me, there are two options: a) Seek permission or b) stay with the
status quo and keep fingers crossed that it won't be an issue.

As far as I'm concerned it's neither here nor there and frankly from a
Marketing POV I'd go with "b", brand the product "ApacheOffice" and hope
that they came after us.  Any publicity is good for brand
recognition.  :)  

Cheers
GL

-- 
Graham Lauder,
OpenOffice.org MarCon (Marketing Contact) NZ
http://marketing.openoffice.org/contacts.html

OpenOffice.org Migration and training Consultant.




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