OT: non-commercial open source license?

[Tony Abou-Assaleh]

At least in Canada, the way things are *supposed* to be is: a business
uses a symbol/name to identify a product. That 'mark' because, due to
usage over time, associated with the product/business. Only after this
association has been established by usage that one 'should' use a TM and
is allowed (in theory) to register it.

In reality, things are more like what Z.K. described below.

TAA

-----------------------------------------------------
Tony Abou-Assaleh
Lecturer, Computer Science Department
Brock University, St. Catharines, ON, Canada, L2S 3A1
Office: MC J215
Tel:    +1(905)688-5550 ext. 5243
Fax:    +1(905)688-3255
Email:  taa-HInyCGIudOg at public.gmane.org
WWW:    http://www.cosc.brocku.ca/~taa/
----------------------[THE END]----------------------

On Wed, 4 Jan 2006, Zbigniew Koziol wrote:

> 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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