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From Brian LeRoux...@brian.io>
Subject Re: Who owns the project name?
Date Wed, 11 Dec 2013 21:35:41 GMT
This was an excellent read. Thank you for sharing Larry!


On Wed, Dec 11, 2013 at 7:07 AM, Lawrence Rosen <lrosen@rosenlaw.com> wrote:

> Attached is Pamela Chestek's article on trademarks for FOSS projects,
> copied with her permission. Please enjoy it.
>
>
>
> By the way, Pamela will be speaking at tomorrow's PLI continuing education
> program, Open Source and Free Software 2013, in San Francisco and on the
> web, for those of you who can attend.
>
>
> http://www.pli.edu/Content/Seminar/Open_Source_and_Free_Software_2013_Benefits/_/N-4kZ1z12ol1?ID=159198
>
>
>
> /Larry
>
>
>
> ********************
>
>
>
> *Abstract*
>
> In the United States, ownership of trade marks can be bedevilling. A trade
> mark registration is not a grant of rights, only recognition of
> already-existing rights. A trade mark is owned by the first to use it and
> may only be registered by the owner.
>
>
>
> However, there is no consistent rule or standard that courts apply when
> deciding disputes over ownership. Complicating matters further, U.S. trade
> mark law eschews the concept of joint ownership, considering it
> inconsistent with a trademark's role as a sole source identifier or assurer
> of quality. Thus, courts are in the position of having to identify a single
> owner of a trademark using poorly defined law.
>
>
>
> This article will review the various ways that courts have decided who
> owns a trade mark when there are two claimants. It will also provide
> guidance to free and open source software projects about how to best manage
> their project names so that a project has a clear claim of ownership and
> its project name is fully enforceable as a trade mark.
>
>
>
>
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