Comments on: Open source invalidates trademark? http://www.texasstartupblog.com/2006/12/10/open-source-invalidates-trademark/ Spurring innovation and entrepreneurship. Fri, 19 Mar 2010 10:01:21 +0000 http://wordpress.org/?v=2.7 hourly 1 By: Janice Jones http://www.texasstartupblog.com/2006/12/10/open-source-invalidates-trademark/#comment-347434 Janice Jones Fri, 05 Dec 2008 00:03:34 +0000 http://www.texasstartupblog.com/2006/12/10/open-source-invalidates-trademark/#comment-347434 Does anyone know how if you need a lawyer to file a <a href="http://www.secureyourtrademark.com" rel="nofollow">trademark application</a> with the <a href="http://www.uspto.gov/main/trademarks.htm" rel="nofollow">USPTO</a>? Or can you do that on your own? Any information would be greatly appreciated. Does anyone know how if you need a lawyer to file a trademark application with the USPTO? Or can you do that on your own? Any information would be greatly appreciated.

]]> By: 451 CAOS Theory » SocialMail vs. SocialMail http://www.texasstartupblog.com/2006/12/10/open-source-invalidates-trademark/#comment-345624 451 CAOS Theory » SocialMail vs. SocialMail Thu, 17 Apr 2008 11:38:44 +0000 http://www.texasstartupblog.com/2006/12/10/open-source-invalidates-trademark/#comment-345624 [...] For more information on this topic, please take a look at Alex’s blog post - “Open source invalidates trademark?“. [...] [...] For more information on this topic, please take a look at Alex’s blog post - “Open source invalidates trademark?“. [...]

]]> By: Blake P. http://www.texasstartupblog.com/2006/12/10/open-source-invalidates-trademark/#comment-53308 Blake P. Tue, 12 Dec 2006 16:29:39 +0000 http://www.texasstartupblog.com/2006/12/10/open-source-invalidates-trademark/#comment-53308 Are they not original enough to create their own identity? Any money spent defending their rights on a new brand image that clearly is a rip-off is a waste of resources. Even if they win, they have clearly lost in the end. Are they not original enough to create their own identity? Any money spent defending their rights on a new brand image that clearly is a rip-off is a waste of resources. Even if they win, they have clearly lost in the end.

]]> By: Steven Smith http://www.texasstartupblog.com/2006/12/10/open-source-invalidates-trademark/#comment-53280 Steven Smith Tue, 12 Dec 2006 00:55:11 +0000 http://www.texasstartupblog.com/2006/12/10/open-source-invalidates-trademark/#comment-53280 Quite simply, open source does NOT equal public domain. Quite simply, open source does NOT equal public domain.

]]> By: Alexander Muse http://www.texasstartupblog.com/2006/12/10/open-source-invalidates-trademark/#comment-53273 Alexander Muse Mon, 11 Dec 2006 23:34:50 +0000 http://www.texasstartupblog.com/2006/12/10/open-source-invalidates-trademark/#comment-53273 Michael - I am sure there is a point to your comment, but I don't get it. Perhaps you could explain further. Obviously, it is fairly easy to be against misuse ~ sort of like asking if someone thinks "wrong" answers are incorrect. There are many examples where someone includes a trademark or brand in a picture or video never intending to infringe on the rights of the brand shown. Did the person taking the photo or video intend to infringe? Did he intend to associate whatever he was shooting with the brand in question? If the mark holder didn't like the use (i.e. felt as though it infringed) it would be his OBLIGATION under the law to notify the person or organization of the infringement, giving them an opportunity to cure the infringement. Assuming the person removed the mark in question I think the person would be acting within the law. If the infringer ignored the notice the mark holder would be entitled to damages (up-to 3x) and lawyer fees. Is this what you were asking? Michael - I am sure there is a point to your comment, but I don’t get it. Perhaps you could explain further.

Obviously, it is fairly easy to be against misuse ~ sort of like asking if someone thinks “wrong” answers are incorrect.

There are many examples where someone includes a trademark or brand in a picture or video never intending to infringe on the rights of the brand shown. Did the person taking the photo or video intend to infringe? Did he intend to associate whatever he was shooting with the brand in question?

If the mark holder didn’t like the use (i.e. felt as though it infringed) it would be his OBLIGATION under the law to notify the person or organization of the infringement, giving them an opportunity to cure the infringement. Assuming the person removed the mark in question I think the person would be acting within the law. If the infringer ignored the notice the mark holder would be entitled to damages (up-to 3x) and lawyer fees.

Is this what you were asking?

]]> By: Michael Bernstein http://www.texasstartupblog.com/2006/12/10/open-source-invalidates-trademark/#comment-53248 Michael Bernstein Mon, 11 Dec 2006 17:23:19 +0000 http://www.texasstartupblog.com/2006/12/10/open-source-invalidates-trademark/#comment-53248 You said: "Perhaps when we do we can put the idea that open source brands have the same rights as closed source brands." Interesting. So, how do you feel about misusing other organizations logos and trademarks as a form of false endorsement? You said: “Perhaps when we do we can put the idea that open source brands have the same rights as closed source brands.”

Interesting. So, how do you feel about misusing other organizations logos and trademarks as a form of false endorsement?

]]> By: Alexander Muse http://www.texasstartupblog.com/2006/12/10/open-source-invalidates-trademark/#comment-53227 Alexander Muse Mon, 11 Dec 2006 15:31:00 +0000 http://www.texasstartupblog.com/2006/12/10/open-source-invalidates-trademark/#comment-53227 Todd - not sure what you are talking about. We don't support Logoworks. We have used their services in the past and for a time they were a client of WeblogsWork. Ironically, the link in my post was from an earlier post of mine where I was critical of Logoworks - not for trademark infringement (something I am not aware of), but instead for poor quality work. I think logo design is a mixed bag - sometimes you get good quality work and other times you don't. At the end of the day if you use independent contractors for your end product sometimes you will have contractors who steal (in Logoworks case trademarked designs) and in others find great designers trying to earn a living. I certainly don't support illegal behavior. Todd - not sure what you are talking about. We don’t support Logoworks. We have used their services in the past and for a time they were a client of WeblogsWork.

Ironically, the link in my post was from an earlier post of mine where I was critical of Logoworks - not for trademark infringement (something I am not aware of), but instead for poor quality work. I think logo design is a mixed bag - sometimes you get good quality work and other times you don’t.

At the end of the day if you use independent contractors for your end product sometimes you will have contractors who steal (in Logoworks case trademarked designs) and in others find great designers trying to earn a living. I certainly don’t support illegal behavior.

]]> By: Todd http://www.texasstartupblog.com/2006/12/10/open-source-invalidates-trademark/#comment-53220 Todd Mon, 11 Dec 2006 13:43:23 +0000 http://www.texasstartupblog.com/2006/12/10/open-source-invalidates-trademark/#comment-53220 I am confused... You support the LogoWorks company, who routinely take other companies trademarked logos and re-purpose them for their own use - at a profit, but are "annoyed" by Mr. Kumar? How come one is OK but the other warrants "...prosecuting Ankesh and his team over a clear violation of our trademark." ? I am confused…

You support the LogoWorks company, who routinely take other companies trademarked logos and re-purpose them for their own use - at a profit, but are “annoyed” by Mr. Kumar?

How come one is OK but the other warrants “…prosecuting Ankesh and his team over a clear violation of our trademark.” ?

]]> By: Tracey http://www.texasstartupblog.com/2006/12/10/open-source-invalidates-trademark/#comment-53192 Tracey Mon, 11 Dec 2006 07:23:27 +0000 http://www.texasstartupblog.com/2006/12/10/open-source-invalidates-trademark/#comment-53192 I'm not sure about the wording of the last sentence, but Open source does enjoy the same rights as closed/proprietary apps. Even Linux is a trademark that is actively protected by Linus Torvalds. Debian is protected by SPI, and so on. IANAL, but Ankesh Kumar is wrong in this case. Your software development model doesn't have any thing to do with trademarks. Most, if not all open source projects protect their marks. I can't find what i'm looking for but, even SPI, the holder of the Debian trademark, defended the use of Debian against the FOUNDER of Debian Linux. You may find that story interesting. I’m not sure about the wording of the last sentence, but Open source does enjoy the same rights as closed/proprietary apps. Even Linux is a trademark that is actively protected by Linus Torvalds. Debian is protected by SPI, and so on.

IANAL, but Ankesh Kumar is wrong in this case. Your software development model doesn’t have any thing to do with trademarks. Most, if not all open source projects protect their marks.

I can’t find what i’m looking for but, even SPI, the holder of the Debian trademark, defended the use of Debian against the FOUNDER of Debian Linux. You may find that story interesting.

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