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Trademark Actions Against the PostgreSQL Community

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Re: Trademark Actions Against the PostgreSQL Community

#112

We (Fundación PostgreSQL) posted a new post titled "Respecting the majority, questioning the status quo as a minority": https://postgresql.fund/blog/respecting-majority-questioning...

You can question it all you want. You can't file a trademark for something that is already trademarked. EOS

Re: Trademark Actions Against the PostgreSQL Community

#113
I read the post. I read the rebuttal.

Clearly this guy is an asshole. He may (may) not be a trademark troll, but this is a self-serving asshole move, landgrabbing to promote his business.

You know what, maybe he has honest intentions. He's still an asshole.

This. Is. Not. Yours. You don't own it. You have applied for paperwork to own it. Incredible asshole move.

Your theory of distributed ownership doesn't matter, because IT'S NOT YOURS TO OWN.

Re: Trademark Actions Against the PostgreSQL Community

#114
post #67

Earlier quoted context omitted.

Can you please make your affiliation with Fundación PostgreSQL clear in both your bio and a disclaimer in the comments you write here? Thanks.

Sure. Fundación PostgreSQL co-founder and current President.

Don't forget 'Founder for Life'

Re: Trademark Actions Against the PostgreSQL Community

#115
post #85

Earlier quoted context omitted.

I had the same thought. I don't think it's exactly the same story, but I think that it has the potential in the future. Even assuming the current parties are all operating with good intentions, if Postgres (proper) doesn't defend their trademarks, there is potential for risk in the future. What happens if Fundación goes bankrupt and the assets (trademarks) get bought? What if they are bought by a non-benevolent compa…

In the case of Spain, if a foundation bankrupts their assets can only be transferred to another non profit organization. It's against the Spanish law for a company to buy a assets of a foundation

I really doubt that’s true. It would mean that a foundation that owns any goods (buildings, rolling stock, etc.) would not be able to sell them, ever, except to other non-profits.

Are there any non-profit car wrecking companies in Spain?

Re: Trademark Actions Against the PostgreSQL Community

#116
post #87
post #51

Are OnGres or Álvaro Hernández active in PostgreSQL development, or otherwise active in the community? Or have they appeared out of nowhere?

Fundación PostgreSQL is a relatively new non-profit that has run two conferences in Ibiza (in 2019 and 2020) and is planning a third in 2022. The only organizers listed for conferences are all members of Álvaro's OnGres consulting company. There don't appear to be any details on the number of attendees or on who gave what talks.

Maybe it’s a cover-up for a company-paid party week in Ibiza? Who knows… ;-)

Re: Trademark Actions Against the PostgreSQL Community

#117
post #57

Earlier quoted context omitted.

Just post the list here to get the ball rolling?

Rubén J. Bravo, Manuel Argiz, César Calvo Pinilla, Alberto Picón and myself.

> Rubén J. Bravo, Manuel Argiz, César Calvo Pinilla, Alberto Picón

What companies do they work for?

Re: Trademark Actions Against the PostgreSQL Community

#118

Earlier quoted context omitted.

Sure. Fundación PostgreSQL co-founder and current President.

Don't forget 'Founder for Life'

Once you've founded something you can't un-found it, so aren't all founders founders for life?

Re: Trademark Actions Against the PostgreSQL Community

#119
post #6

Perhaps for legal reasons it is important to show willingness to negotiate .. but really, a land-grab like this gets "we hope we can be friends" response ? "The PostgreSQL Core Team and PGCAC still hope for an amicable resolution" ..

It's worth noting that (from the article) the offender in this case isn't some gigantic organization like Amazon — it's basically one guy, and one who considers himself to be a member in good standing whose part of the Postgres community. I'd hazard a guess that by taking this public, the Postgres team is trying to create some pressure on him through public opinion in the hope that he sees reason and it doesn't have…

> usurp

[Citation needed]

I mean, assume good faith, strongest possible reading, etc etc: Isn't it perfectly possible that he's actually just doing exactly what he says he's doing?

The "PostgreSQL Community" is supposed to be decentralised, with no intellectual property held by any single entity to target in a hostile takeover, so he's just doing his bit to help decentralise holding of trademarks.

Seems a perfectly plausible reading of events; far from "cynical profiteering", nor even "momentary hubris".

Re: Trademark Actions Against the PostgreSQL Community

#120
post #108
post #105

Earlier quoted context omitted.

> ... or didn't respond in time to inquiries from Spain officials, it looks to me like the system (at least in Spain?) does not work. As a rule you will not be contacted by the relevant trademark registering office. What happens is that the registration filing is published, and if you are opposed to it going through you will need to file opposition within a certain period after the publication. That's why organisatio…

I suppose that's viable, as a process. Maybe even the best we can do. What I'm surprised about is that they call it a "registry" when it operates more like a mailing-list, where you should watch for publications and reply when you have objections. A "registered trademark" is more a "trademark advertised on the mailing-list with no objection at the time". Which is not silly, but somewhat inappropriately named.

> inappropriately named

How else should it be named? A "register" or "registry" basically means nothing more than a big book where stuff is written down -- registered. Then later, you can go to the King's scribe, he'll look in his big ledger, and testify that yes, you came before him and had him register your Marque Of Tradhe back in October 1496, and if the other guy can't point to an older entry in his name, you win.

Having herolds in town squares across the realm announce your entry on the second Market Sunday after it was entered -- i.e, announcing it on a mailing list -- is already going above and beyond mere registration.

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