Insights into trademark laws on TWiki.ORG or TWiki.NET.
- A trademark generally constitutes as a distinctive sign, including names, letters, numerals, figurative elements (eg logo, symbols), colour combinations
- "Actual use of the mark" is considered as a legal trademark.
- For any legal action, it is necessary
- to present past commercial evidence of its use;
- to fully register the acquisition of trademark rights at the corresponding states/countries
- Depending on the scope of the trademark application, a minimum requirement of one year is needed to process the trademark registration. Not to mention the high costs involved.
- Lanham (Trademark) Act is a legislation specific in the US
- it prohibits trademark infringement, trademark dilution and false advertising
- NOT the exclusive trademark law in US; common law and state statutes has control over trademark protection
- NOT applicable to EU
What can be constituted as a "trademark" in TWiki?
- Project name "TWiki"
- Logo and colour combination
Any reference to "TWiki" in source code
- Doesn't take GPL into account. However, what are the implications beyond?
Bear in mind, depending on the lawsuit, the above would need to be explicated in the trademark registration/application form.
According to the USPTO database, TWiki is a registered trademark
. (Search for more
| Word Mark
| Goods and Services
|| IC 009. US 021 023 026 036 038. G & S: Software, namely, downloadable software for use with collaborative platforms, community platforms and web-based collaborative platforms for a project development space, for use as a document management system, a creator of a knowledge base, a groupware tool for structured collaboration and for shared data on a network such as on an intranet or on the Internet. FIRST USE: 19980821. FIRST USE IN COMMERCE: 20010914
IC 042. US 100 101. G & S: Services, namely, consulting services and technical support services, namely, troubleshooting of computer software problems for collaborative platforms, community platforms, and web-based collaborative platforms for a project development space, and for software for use as a document management system, a creator of a knowledge base, and a groupware tool for structured collaboration and for shared data on a network such as on an intranet or on the Internet. FIRST USE: 19980821. FIRST USE IN COMMERCE: 20010914
| Standard Characters Claimed
| Mark Drawing Code
|| (4) STANDARD CHARACTER MARK
| Trademark Search Facility Classification Code
|| LETTER-3-OR-MORE TWIKI Combination of three or more letters as part of the mark
| Serial Number
| Filing Date
|| April 13, 2007
| Current Filing Basis
| Original Filing Basis
| Published for Opposition
|| November 27, 2007
| Registration Number
| Registration Date
|| February 12, 2008
|| (REGISTRANT) Thoeny, Peter INDIVIDUAL SWITZERLAND 7203 Via Vico San Jose CALIFORNIA 95129
| Attorney of Record
|| JiNan Glasgow
| Type of Mark
|| TRADEMARK. SERVICE MARK
| Live/Dead Indicator
TWiki.NET has also registered the following trademarks (this list is by no means exhausted)
An FAQ on Madrid
from the USPTO.
International trademark laws
- No single trademark registration applies all around the world
- Meaning, trademark applicability is territorial-specific
- WTO's Trade-Related Aspects of Intellectual Property Rights (TRIPS)
- Not necessary register in order to use a trademark
- Members may oppose the registration of a trademark through petitions * Owner of a registered trademarkhas exclusive rights to prevent 3rd party use which is identical or similar to the respective trademark
- Owner can determine licensing and assignment conditions
- Madrid System
- Primary international system for facilitating the registration of trademarks - World Intellectual Property Organisation, Geneva
- Requires an existing trademark owner (registered) in the member state to extend the protection internationally
- Substantial costs
- A search for "TWiki" and "Peter Thoeny" holds no result.
SSH vs OpenSSH
- SSH spent $14 million on trademark lawyers to force OpenSSH to change its name
- SSH changing trademark licensing (to include using the term "SSH") during the course of legal actions had further diminished its chances of winning the lawsuit
- OpenSSH developers forked the last completely open source version
- 31 Oct 2008
From what I can see from my small research, it's pretty futile for a trademark lawsuit.
Though it might just bite us in 5yrs time when he filed an application at Madrid.
- 31 Oct 2008