OT: non-commercial open source license?
Zbigniew Koziol
zkoziol-Zd07PnzKK1IAvxtiuMwx3w at public.gmane.org
Thu Jan 5 01:06:14 UTC 2006
G. Matthew Rice wrote:
> I know of at least one _very_ popular package that claims to be trademarked
> by a TLA'd company but, in fact, isn't (I asked the original author once).
> Anyone can slap a (tm) beside a name.
>
>
Trademark (TM) and Registered Trade Mark (R) are almost the same de
jure. TM anyone can use. Anyone can claim TM symbol to anything. (R)
symbol can be used only when TM has been "registered".
Now, the law does not guarantee that (R), once registered, is fully
protected. (R) means only that certain recognized institution decided
that the symbol registered is unique and, according to that institution
does belong to these who registered it. No less and no more.
If things find the place in the court it is good to have (R) but that
does not guarantee success in the dispute. If one does use (TM) - thats
better than not to use it, it has some significance.
I could claim my initials (Z*K) to be trademark. I could even, possibly
register them as a trademark. In some cases I would win in the court, in
some other cases I would not.
zb.
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