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Posted to general@incubator.apache.org by "William A. Rowe Jr." <wr...@rowe-clan.net> on 2010/12/02 22:47:51 UTC
Re: [PROPOSAL] Accept Wave for incubation
On 11/23/2010 8:11 PM, James Purser wrote:
> While Google owns the Google Wave trademark, they don't own the very generic
> "Wave".
>
> Apache Wave will be a separate thing and unaffected by any trademark that
> Google owns.
Wrong. The ASF is always affected by other's Trademarks, which is why we
simply don't use them. These can be either Registered Marks or unregistered
but well known marks. Wave is now a very well known mark.
Look, it's simple enough for Google Legal to state that it unconditionally
licenses the of the "Apache Wave" name to the ASF at no cost, retaining all
claims to "Google Wave" and the Google Wave graphic. Of for Google Legal
to simply disclaim all rights or interests in the "Wave" mark, alone.
The fact is that Wave itself is not a strong mark. But used *in the same
space* as Google Wave, e.g. if Skype introduced Skype Wave to do something
very similar, Google would find itself on strong ground to contest the use
of their [unregistered] mark.
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Re: [PROPOSAL] Accept Wave for incubation
Posted by Davide Carnovale <fr...@gmail.com>.
+1
2010/12/2 William A. Rowe Jr. <wr...@rowe-clan.net>
> On 11/23/2010 8:11 PM, James Purser wrote:
> > While Google owns the Google Wave trademark, they don't own the very
> generic
> > "Wave".
> >
> > Apache Wave will be a separate thing and unaffected by any trademark that
> > Google owns.
>
> Wrong. The ASF is always affected by other's Trademarks, which is why we
> simply don't use them. These can be either Registered Marks or
> unregistered
> but well known marks. Wave is now a very well known mark.
>
> Look, it's simple enough for Google Legal to state that it unconditionally
> licenses the of the "Apache Wave" name to the ASF at no cost, retaining all
> claims to "Google Wave" and the Google Wave graphic. Of for Google Legal
> to simply disclaim all rights or interests in the "Wave" mark, alone.
>
> The fact is that Wave itself is not a strong mark. But used *in the same
> space* as Google Wave, e.g. if Skype introduced Skype Wave to do something
> very similar, Google would find itself on strong ground to contest the use
> of their [unregistered] mark.
>
>
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