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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