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From "William A. Rowe Jr." <wr...@apache.org>
Subject Re: OpenOffice.org branding
Date Tue, 26 Jul 2011 21:20:56 GMT
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.

If you are aware of uses of "Apache" to describe non-ASF software, bring
those to the attention of trademarks@apache.org.

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