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Re: BSD license with Mozilla-style name clause



In message <[🔎] 20090108232546.5a3d9873.frx@firenze.linux.it>, Francesco Poli <frx@firenze.linux.it> writes
But anyway, there *has* to be a trademark to begin with, in order for
trademark laws to apply.
I don't know whether "Alice" is a trademark or is eligible to become
one.

I don't know about US law, but certainly in the UK, trademark law is a bit like copyright law - using a name automatically creates a trademark(TM).

Note I wrote (TM), and *not* (R). I'm planning to have another go at writing a "free Pick" implementation when I can find the time, and right from the get-go I will be referring to it as "MaVen (TM)". That INSTANTLY gives me trademark rights.

The difference between (TM) and (R) is that (R) means registered, and as such it's a lot easier to enforce (a bit like you need to register copyrights in the US if you want to get decent damages for infringement). But if I call my product "MaVen (TM)" it makes it a lot easier for me to defend myself in a trademark fight against someone just using "Maven", and if I can show they named their product after mine, I would have pretty much the same redress as if I had actually registered the trademark. The main effect of not registering the trademark there simply makes the burden of proof on me somewhat higher.

(Oh - and if you're thinking of the Windows(r)/Lindows fiasco, MS would have been able to sue Lindows for "naming their product with intent to cause confusion with Windows" even if they didn't have a registered trademark. They'd probably have lost on the grounds confusion was unlikely, but they'd've had a case.)

Cheers,
Wol
--
Anthony W. Youngman - anthony@thewolery.demon.co.uk


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