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Python trademark at risk in Europe

pyfound.blogspot.ca

161–168 of 168 posts

Re: Python trademark at risk in Europe

#161

Earlier quoted context omitted.

Google's not an accurate gauge these days as it's results will be biased depending on who's performing the search. Google results are trailered to the user based on location, search habits and so on.

Is that true when you're not logged in to google? Do they tailor based on IP or browser fingerprint?

Both, from what I've seen.

Re: Python trademark at risk in Europe

#162
post #144

Earlier quoted context omitted.

This is a stupid question to ask. Naturally they will not loose their right to use the name.

There's no need to be hostile in your response to a legitimate question; even if the answer seems painfully obvious to yourself and others. After all, we all learn by asking questions.

Well, the question itself is stupid not because something is obvious in the outcome, but because obviously nobody can predict the future. And using simple words is not hostile, at least using the term "stupid" in my previous comment had no hostility intended.

I excuse for any irritation it might have caused and hopefully I could remove now any of these.

Re: Python trademark at risk in Europe

#163

There's at least a 1995 European patent application and ~500 others [listed on Google patents for Europe] up to 2009 mentioning python programming language. In 2009 there's EP2109040A2 which demonstrates a European usage of python by a skilled practitioner in the art specifically to designate the language stewarded by PSF .

The UK company didn't miss to exactly take the same international classes (009, 042) the PSF had choosen back in 2004 when they registered the PYTHON mark with the US copyright office. So that's more distinct than what others do, even if some of those two classes also collide with other trademark registrations for PYTHON.

Re: Python trademark at risk in Europe

#164
post #2

I (and probably several other) members of the board will be on this thread to answer any questions. Van Lindberg Chairman, Python Software Foundation Edit: I have been asked what sort of statements would be helpful. I can't tell you exactly what to say - it needs to be your statement, but we need to make it clear that when someone says "Python" in relation to software, or a "Python server," or with "Python experience…

Do the owners of python.co.uk not have to prove the legitimacy of their right to the name as well? I'm fairly sure that trademark law works on the principle that you have to be seen to defend your trademark in order for it to be considered your intellectual property (it's why you often see silly stories in the news about big companies chasing after trivial businesses then settling quietly out of court). As the other…

As long as you registered the trademark this first of all is your legitimacy - that's why you register it.

This registration has been opposed so I assume now PSF via their UK counsellor will add some evidence to the opposition. If the opposition is successful it can turn out that owners of pythong.co.uk will not be able to get the trademark registration into a successful status.

So right now, they don't need to defend anything, it's more or less that they are opposed. Which is why the PSF needs your help to find evidence and show how the name actually is and was used to finally show probably either that:

- the EU trademark belongs to PSF (or elseone PYTHON related) - the name can not be trademarked at all in that class because it has its distinct, public meaning in internet/computing.

Re: Python trademark at risk in Europe

#166
post #2

I (and probably several other) members of the board will be on this thread to answer any questions. Van Lindberg Chairman, Python Software Foundation Edit: I have been asked what sort of statements would be helpful. I can't tell you exactly what to say - it needs to be your statement, but we need to make it clear that when someone says "Python" in relation to software, or a "Python server," or with "Python experience…

Have you tried filing a dispute resolution claim with Nominet to revoke python.co.uk. Their policy is here: http://www.nominet.org.uk/disputes/when-use-drs/policy-and-p... You might have a case under 3c(ii). Edit: By the way, Nominet themselves use (or used) mailman, which uses Python: https://lists.nominet.org.uk/mailman/listinfo/nom-steer So you might have some sympathy there.

I suspect the only reason PoBox/Veber are now filing a trademark is to pre-empt a challenge on the domain. They are just domain squatters who got hold of python.co.uk and now see it as investment -- possibly one of their last chances at surviving, seeing how they're rumoured to be £ 300k in debt.

Re: Python trademark at risk in Europe

#167
post #164

Earlier quoted context omitted.

Do the owners of python.co.uk not have to prove the legitimacy of their right to the name as well? I'm fairly sure that trademark law works on the principle that you have to be seen to defend your trademark in order for it to be considered your intellectual property (it's why you often see silly stories in the news about big companies chasing after trivial businesses then settling quietly out of court). As the other…

As long as you registered the trademark this first of all is your legitimacy - that's why you register it. This registration has been opposed so I assume now PSF via their UK counsellor will add some evidence to the opposition. If the opposition is successful it can turn out that owners of pythong.co.uk will not be able to get the trademark registration into a successful status. So right now, they don't need to defen…

I see. Thank you for clearing that up

Re: Python trademark at risk in Europe

#168
Even if they finally manage to register the 'python' trademark, I guess their project will be so severely boycotted that it won't stand a chance of succeeding. I think they've just found a way to get advertisement for free and they will finally give up with the trademark claim, but that's just a wild guess.

What I'd like to point out is that in many countries there is the concept of 'unregistered trademark':

http://en.wikipedia.org/wiki/Unregistered_trademark

Quoting from the Wikipedia page:

They may however benefit from protection due to other features of the law in relation to trademarks, such as protection for unregistered marks in the United Kingdom resulting from Passing off law.

http://en.wikipedia.org/wiki/Passing_off

Passing off is a common law tort which can be used to enforce unregistered trademark rights.

I am not a lawyer and I cannot tell if the above applies to the current situation. I am just pointing it out just in case 'python' can be considered as an unregistered trademark (held by the Python Foundation) in the UK and thus get any benefits or protection from any local laws.

My 2 cents

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