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Posted to legal-discuss@apache.org by Pier Fumagalli <pi...@betaversion.org> on 2009/07/29 16:47:27 UTC
Re: Cactus-Dev Name Conflict
I'm forwarding your message to the legal-discuss@apache.org mailing list
which is specifically dealing with legal aspects / naming conflicts / ...
http://mail-archives.apache.org/mod_mbox/www-legal-discuss/
Pier
2009/7/28 Ivan Kiss - Cactus-Dev <iv...@cactus-dev.com>
> Hello Pier!
>
> My name is Ivan Kiss, managing director of the Hungarian company
> "Cactus-Plas". I found your e-mail address on the following page:
>
>
> http://mail-archives.apache.org/mod_mbox/jakarta-cactus-dev/200110.mbox/%3C009301c1605d$3e2483d0$9ac8c8c8@vizzavi.fr.corp.vizzavi.net%3E
>
>
> during browsing forums and mailing lists for a contact person for an entity
> named or identified as "Cactus-Dev". The reason of contacting You is to
> discuss a potential name conflict which was just discovered.
>
> I myself graduated as an engineer in information technology, and as such,
> I am interested in development tasks, for different platforms, different
> target devies. Some months ago a friend of mine and I established a 2-person
> programmer group to develop applications for Apple's iPhone hoping to sell
> them through Apple's online store (http://store.apple.com/us). Since the
> officially registered name of my company - the main activity of which is not
> computer technology or programming - is "Cactus-Plas", we had the idea to
> name our group "Cactus-Dev" referring to both the company and the activity
> of development, because we want to run this business through my company. I
> already registered the domain name cactus-dev.com, and applied for
> enrollment at Apple to participate in its development program, which process
> is already finished and we are now enabled to develop and sell our
> softwares. However our chosen name "Cactus-Dev" was rejected by Apple
> (contractor/seller name must be the company's registered name), nevertheless
> I already possess the domain name ownership, the webpage itself (which is
> only a "welcome" html) and we already registered at many websites with our
> mail addresses of the following format %user%@cactus-dev.com<us...@cactus-dev.com>
>
> Some days ago, during a test-search with Google for any references on the
> web to our group Cactus-Dev, I was shocked to find the mailing lists running
> for many years now... :)
>
> Please contact me to clarify the further usage (of my side) of the
> expression "Cactus-Dev". If You do not wish to go in details, a simple
> answer like "you should/should not use this name" will be enough for me.
>
> We are not going to register the name "Cactus-Dev", put any copyright,
> whatever... But I believe this is better clarify prior to any distribution
> to avoid further inconveniences and difficulties.
>
> Thanks in advance for your swift response!
>
>
> Greetings from Hungary!
>
> Ivan Kiss
> Cactus-Dev
> --
> E-mail: ivan.kiss@cactus-dev.com, cactusplas@gmail.com
> Mobile: (+36) 20/416-410-1
> Fax: (+36) 76/998-648
> --
>
>
Re: Cactus-Dev Name Conflict
Posted by Niclas Hedhman <ni...@hedhman.org>.
On Thu, Jul 30, 2009 at 1:23 PM, Ralph Goers<ra...@dslextreme.com> wrote:
> However, you and I are expressing personal opinion, not a legal opinion and
> certainly not ASF policy.
Absolutely!
Cheers
--
Niclas Hedhman, Software Developer
http://www.qi4j.org - New Energy for Java
I live here; http://tinyurl.com/2qq9er
I work here; http://tinyurl.com/2ymelc
I relax here; http://tinyurl.com/2cgsug
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Re: Cactus-Dev Name Conflict
Posted by Ralph Goers <ra...@dslextreme.com>.
To me there is a big difference in perception between what apachecorp
vs what hadoop-dev, lucene-dev, maven-dev, etc. would be about. I
have no problem with all the Apache variations you found as none of
them would seem to have much to do with the ASF or our projects.
cactus.com would bother me a lot if it had to do with Apache Cactus.
If it didn't then I'd tell Sonatype to go rename themselves to
TheMavenCompany.com or MavenSupport.com or something like that.
cactuscode.org is another story as it is another open source software
project and they call the project Cactus and has apparently been
around for a long time, probably longer than Jakarta Cactus.
However, you and I are expressing personal opinion, not a legal
opinion and certainly not ASF policy.
Ralph
On Jul 29, 2009, at 8:47 PM, Niclas Hedhman wrote:
> On Thu, Jul 30, 2009 at 10:19 AM, Ralph Goers<ralph.goers@dslextreme.com
> > wrote:
>> I agree with the first sentence, but I do think it is confusing to
>> have an
>> entity named Cactus-Dev. I know I would confuse that with Apache
>> Cactus.
>
> So we have; http://www.apachecorp.com/ but they are doing Oil
> explorations, so maybe not that confusing.
>
> How about electronics industry; http://www.apache-da.com/ or more
> closely to home http://www.apacheweek.com/, http://www.apache.co.uk,
> http://apachegallery.dk/, http://www.apachelounge.com/ ??
>
> This list is 3mins of googling, and I am sure there are a lot more.
> AND that is with high-profile name "Apache" and not the much more
> obscure Cactus project; http://www.cactus.com/,
> http://www.cactuscode.org/ are in there to be worried about.
>
>
> Cheers
> --
> Niclas Hedhman, Software Developer
> http://www.qi4j.org - New Energy for Java
>
> I live here; http://tinyurl.com/2qq9er
> I work here; http://tinyurl.com/2ymelc
> I relax here; http://tinyurl.com/2cgsug
>
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> To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
> For additional commands, e-mail: legal-discuss-help@apache.org
>
---------------------------------------------------------------------
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Re: Cactus-Dev Name Conflict
Posted by Niclas Hedhman <ni...@hedhman.org>.
On Thu, Jul 30, 2009 at 10:19 AM, Ralph Goers<ra...@dslextreme.com> wrote:
> I agree with the first sentence, but I do think it is confusing to have an
> entity named Cactus-Dev. I know I would confuse that with Apache Cactus.
So we have; http://www.apachecorp.com/ but they are doing Oil
explorations, so maybe not that confusing.
How about electronics industry; http://www.apache-da.com/ or more
closely to home http://www.apacheweek.com/, http://www.apache.co.uk,
http://apachegallery.dk/, http://www.apachelounge.com/ ??
This list is 3mins of googling, and I am sure there are a lot more.
AND that is with high-profile name "Apache" and not the much more
obscure Cactus project; http://www.cactus.com/,
http://www.cactuscode.org/ are in there to be worried about.
Cheers
--
Niclas Hedhman, Software Developer
http://www.qi4j.org - New Energy for Java
I live here; http://tinyurl.com/2qq9er
I work here; http://tinyurl.com/2ymelc
I relax here; http://tinyurl.com/2cgsug
---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
For additional commands, e-mail: legal-discuss-help@apache.org
Re: Cactus-Dev Name Conflict
Posted by Ralph Goers <ra...@dslextreme.com>.
I agree with the first sentence, but I do think it is confusing to
have an entity named Cactus-Dev. I know I would confuse that with
Apache Cactus.
Ralph
On Jul 29, 2009, at 6:47 PM, Niclas Hedhman wrote:
> Pier,
>
> I think we won't know how to react to this until Larry, other
> attorneys and the Board have worked out what will should and should
> not protect.
>
> Personally, I think his site is not a problem for us, and he should
> be given expressed permission, but see above...
>
> --Niclas
>
>
>> On Jul 30, 2009 4:48 AM, "Pier Fumagalli" <pi...@betaversion.org>
>> wrote:
>>
>> I'm forwarding your message to the legal-discuss@apache.org mailing
>> list which is specifically dealing with legal aspects / naming
>> conflicts / ...
>>
>> http://mail-archives.apache.org/mod_mbox/www-legal-discuss/
>>
>> Pier
>>
>> 2009/7/28 Ivan Kiss - Cactus-Dev <iv...@cactus-dev.com>
>> Hello Pier!
>>
>> My name is Ivan Kiss, managing director of the Hungarian company
>> "Cactus-Plas". I found your e-mail address on the following page:
>>
>> http://mail-archives.apache.org/mod_mbox/jakarta-cactus-dev/200110.mbox/%3C009301c1605d$3e2483d0$9ac8c8c8@vizzavi.fr.corp.vizzavi.net%3E
>>
>>
>> during browsing forums and mailing lists for a contact person for
>> an entity named or identified as "Cactus-Dev". The reason of
>> contacting You is to discuss a potential name conflict which was
>> just discovered.
>>
>> I myself graduated as an engineer in information technology, and
>> as such, I am interested in development tasks, for different
>> platforms, different target devies. Some months ago a friend of
>> mine and I established a 2-person programmer group to develop
>> applications for Apple's iPhone hoping to sell them through Apple's
>> online store (http://store.apple.com/us). Since the officially
>> registered name of my company - the main activity of which is not
>> computer technology or programming - is "Cactus-Plas", we had the
>> idea to name our group "Cactus-Dev" referring to both the company
>> and the activity of development, because we want to run this
>> business through my company. I already registered the domain name
>> cactus-dev.com, and applied for enrollment at Apple to participate
>> in its development program, which process is already finished and
>> we are now enabled to develop and sell our softwares. However our
>> chosen name "Cactus-Dev" was rejected by Apple (contractor/seller
>> name must be the company's registered name), nevertheless I already
>> possess the domain name ownership, the webpage itself (which is
>> only a "welcome" html) and we already registered at many websites
>> with our mail addresses of the following format %user%@cactus-dev.com
>>
>> Some days ago, during a test-search with Google for any references
>> on the web to our group Cactus-Dev, I was shocked to find the
>> mailing lists running for many years now... :)
>>
>> Please contact me to clarify the further usage (of my side) of the
>> expression "Cactus-Dev". If You do not wish to go in details, a
>> simple answer like "you should/should not use this name" will be
>> enough for me.
>>
>> We are not going to register the name "Cactus-Dev", put any
>> copyright, whatever... But I believe this is better clarify prior
>> to any distribution to avoid further inconveniences and difficulties.
>>
>> Thanks in advance for your swift response!
>>
>>
>> Greetings from Hungary!
>>
>> Ivan Kiss
>> Cactus-Dev
>> --
>> E-mail: ivan.kiss@cactus-dev.com, cactusplas@gmail.com
>> Mobile: (+36) 20/416-410-1
>> Fax: (+36) 76/998-648
>> --
>>
>>
>
Re: Cactus-Dev Name Conflict
Posted by Niclas Hedhman <ni...@hedhman.org>.
Pier,
I think we won't know how to react to this until Larry, other attorneys and
the Board have worked out what will should and should not protect.
Personally, I think his site is not a problem for us, and he should be given
expressed permission, but see above...
--Niclas
On Jul 30, 2009 4:48 AM, "Pier Fumagalli" <pi...@betaversion.org> wrote:
I'm forwarding your message to the legal-discuss@apache.org mailing list
which is specifically dealing with legal aspects / naming conflicts / ...
http://mail-archives.apache.org/mod_mbox/www-legal-discuss/
Pier
2009/7/28 Ivan Kiss - Cactus-Dev <iv...@cactus-dev.com>
> Hello Pier!
>
> My name is Ivan Kiss, managing director of the Hungarian company
> "Cactus-Plas". I found your e-mail address on the following page:
>
>
> http://mail-archives.apache.org/mod_mbox/jakarta-cactus-dev/200110.mbox/%3C009301c1605d$3e2483d0$9ac8c8c8@vizzavi.fr.corp.vizzavi.net%3E
>
>
> during browsing forums and mailing lists for a contact person for an entity
> named or identified as "Cactus-Dev". The reason of contacting You is to
> discuss a potential name conflict which was just discovered.
>
> I myself graduated as an engineer in information technology, and as such,
> I am interested in development tasks, for different platforms, different
> target devies. Some months ago a friend of mine and I established a 2-person
> programmer group to develop applications for Apple's iPhone hoping to sell
> them through Apple's online store (http://store.apple.com/us). Since the
> officially registered name of my company - the main activity of which is not
> computer technology or programming - is "Cactus-Plas", we had the idea to
> name our group "Cactus-Dev" referring to both the company and the activity
> of development, because we want to run this business through my company. I
> already registered the domain name cactus-dev.com, and applied for
> enrollment at Apple to participate in its development program, which process
> is already finished and we are now enabled to develop and sell our
> softwares. However our chosen name "Cactus-Dev" was rejected by Apple
> (contractor/seller name must be the company's registered name), nevertheless
> I already possess the domain name ownership, the webpage itself (which is
> only a "welcome" html) and we already registered at many websites with our
> mail addresses of the following format %user%@cactus-dev.com<us...@cactus-dev.com>
>
> Some days ago, during a test-search with Google for any references on the
> web to our group Cactus-Dev, I was shocked to find the mailing lists running
> for many years now... :)
>
> Please contact me to clarify the further usage (of my side) of the
> expression "Cactus-Dev". If You do not wish to go in details, a simple
> answer like "you should/should not use this name" will be enough for me.
>
> We are not going to register the name "Cactus-Dev", put any copyright,
> whatever... But I believe this is better clarify prior to any distribution
> to avoid further inconveniences and difficulties.
>
> Thanks in advance for your swift response!
>
>
> Greetings from Hungary!
>
> Ivan Kiss
> Cactus-Dev
> --
> E-mail: ivan.kiss@cactus-dev.com, cactusplas@gmail.com
> Mobile: (+36) 20/416-410-1
> Fax: (+36) 76/998-648
> --
>
>