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From Mark Thomas <ma...@apache.org>
Subject Fwd: Re: Tomcat GmbH and the Tomcat trademark
Date Sun, 11 Oct 2015 15:04:26 GMT
Moving discussion to trademarks@a.o which is the best place for this


-------- Forwarded Message --------
Subject: Re: Tomcat GmbH and the Tomcat trademark
Date: Fri, 9 Oct 2015 22:20:14 +0100
From: Mark Thomas <markt@apache.org>
Reply-To: legal-discuss@apache.org
To: legal-discuss@apache.org
CC: private@tomcat.apache.org <private@tomcat.apache.org>

Dropping the OP.

On 09/10/2015 15:05, Zak Greant wrote:
> Greetings All,
> Has anyone encountered Tomcat GmbH asserting that:
>> "Tomcat" is NOT a trade mark of "Apache".
>> ...
>> (Tomcat) is a registered Trademark of Tomcat GmbH
> I skimmed the list archives and JIRA, but didn't see relevant mentions.
> A quick search turns up these trademark registrations, which - at a
> glance - don't seem exactly relevant. However, the descriptions are in
> German (and IANAL):
> * https://www.tmdn.org/tmview/get-detail?st13=DE500000001181547
> * https://www.tmdn.org/tmview/get-detail?st13=EM500000005562863

Just some random thoughts.

This is the first I have heard of this company.

The registration includes software.

The company doesn't look to be that active.

The 2 products they appear to have are both SmallTalk based.

The homepage mentions Java development and the quote above suggests they
are aware of Apache Tomcat. Yet they have never approached us regarding
their registered marks. I wonder what that does for their ability to
defend those marks.

I think the first mark (dated 1990) is for their logo. I believe that
pre-dates the Apache Tomcat project including its time at Sun.

The second mark (dated 2006) is for the word Tomcat in a range of
categories including software. I believe our use of "Tomcat" and "Apache
Tomcat" pre-dates that by several years.

I don't think we'd have a problem co-existing. Their company name is
"Tomcat Computer", they have a couple of SmallTalk products and they do
IT consultancy. We have a product called "Apache Tomcat" that has
nothing to do with SmallTalk.

The interesting part is when "Tomcat" is used. My money is on most
German software engineers associated "Tomcat" with "Apache Tomcat"
rather than "Tomcat computer".

No idea what we should do from here. Shane?


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