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Why trademark Open Source software

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41–45 of 45 posts

Re: Why trademark Open Source software

#41
I think setting up contributor license agreements (CLA) is a lot more important and valuable than getting a trademark.

We had an open source business without having CLAs in place and it took several months to get everyone who contributed (around 200 people) when we sold our company.

CLA Assistant easily plugs into any Github repository to make this painless.

https://cla-assistant.io/

Re: Why trademark Open Source software

#42
post #38

I think its important to understand what you are also getting into with a trademark. They mention: actively asserted and defended in order to have legal meaning. This is a critical piece of owning a trademark. It must be defended which means that you have to issue cease and desist letters, normally engaging an attorney to do so, or else you risk losing your trademark altogether or it becoming genericized, i.e. 'Kleen…

This is often repeated, but misguided: https://www.eff.org/deeplinks/2013/11/trademark-law-does-not... Genericides do occur, but they are rather exceptional, and you generally can't do much about it (imagine the public starting to talk of dashboards as grafanas). Cease-and-desists should probably be reserbed for severe missuse, such as a competitor selling their product as yours, etc.

Even if it were really that easy to fall prey to the genericide rules, couldn't companies fulfill the enforcement obligations more amicably by asking for a nominal fee?

I suppose that might open the door to the party making wider use of the trademarked term though.

Re: Why trademark Open Source software

#43
post #38

I think its important to understand what you are also getting into with a trademark. They mention: actively asserted and defended in order to have legal meaning. This is a critical piece of owning a trademark. It must be defended which means that you have to issue cease and desist letters, normally engaging an attorney to do so, or else you risk losing your trademark altogether or it becoming genericized, i.e. 'Kleen…

This is often repeated, but misguided: https://www.eff.org/deeplinks/2013/11/trademark-law-does-not... Genericides do occur, but they are rather exceptional, and you generally can't do much about it (imagine the public starting to talk of dashboards as grafanas). Cease-and-desists should probably be reserbed for severe missuse, such as a competitor selling their product as yours, etc.

On this topic, can someone explain how Elasticsearch got f*cked by AWS which is using their name for their competing hosted ES service?

Re: Why trademark Open Source software

#44
post #6

Fully agree. Some distros are packaging my software with bad patches constantly and then ignore requests to rename the package to make it clear that it's a fork. Unfortunately for small projects registering a trademark is just not feasible. I have considered going from actual open source to source available though.

This is (part of) why I use the zlib license.

zlib doesn't require renaming the software, just not claiming you wrote the original version and if you distribute a modified version of the source code (but nothing about the binaries!) you must make it clear the code was modified.

Re: Why trademark Open Source software

#45
post #43
post #38

Earlier quoted context omitted.

This is often repeated, but misguided: https://www.eff.org/deeplinks/2013/11/trademark-law-does-not... Genericides do occur, but they are rather exceptional, and you generally can't do much about it (imagine the public starting to talk of dashboards as grafanas). Cease-and-desists should probably be reserbed for severe missuse, such as a competitor selling their product as yours, etc.

On this topic, can someone explain how Elasticsearch got f*cked by AWS which is using their name for their competing hosted ES service?

They may have to change it now since the fork, but before there was no problem since they were not trying to deceive customers, they were running elastic search.

You can sell a Honda with after market parts and still say its a Honda. You just can't sell a Kia and call it a Porsche trying to trick people.

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