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Posted to general@incubator.apache.org by "John D. Ament" <jo...@apache.org> on 2015/01/25 14:08:28 UTC
Podling Name Searches
All,
If a podling had its name and codebase donated from a company, which had
already secured rights to the name, what is required in the podling name
search?
John
Re: Podling Name Searches
Posted by Shane Curcuru <as...@shanecurcuru.org>.
Yes, you still need to do a podling name search. Hopefully that will
show that the existing name is already good to start with and doesn't
conflict with other, pre-existing similar software products.
If the community intends to keep the name, we need a clear donation of
the trademark itself from the current holder. Ask on trademarks@ once
you are ready to start. Registered trademarks can be transferred with a
pretty basic legal document that Apache counsel can provide if needed;
the existing owner merely needs to sign, we do the rest of the legal
transfer for a registration.
- Shane
On 1/26/15 1:38 PM, Rob Vesse wrote:
> One option would be to get the company involved to donate the trademark,
> if you check with trademarks@a.o then I am pretty sure that has happened
> in the past and they can likely guide you on procedures for this
>
> Your wording implies that perhaps this isn't an option in this particular
> podlings case?
>
> Rob
>
> On 25/01/2015 06:45, "Branko Čibej" <br...@apache.org> wrote:
>
>> On 25.01.2015 14:08, John D. Ament wrote:
>>> All,
>>>
>>> If a podling had its name and codebase donated from a company, which had
>>> already secured rights to the name,
>>
>> The term "secured rights" is a bit misleading. Even if they have a
>> registered trademark, that's no guarantee that it doesn't infringe on
>> anything, especially in a different jurisdiction.
>>
>>> what is required in the podling name search?
>>
>> IMO, same as always. There's no reason for the ASF to implicitly trust
>> corporate lawyers. We should always look for names that are globally
>> unambiguous.
>>
>> -- Brane
>>
>>
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>
>
>
>
>
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Re: Podling Name Searches
Posted by Rob Vesse <rv...@dotnetrdf.org>.
One option would be to get the company involved to donate the trademark,
if you check with trademarks@a.o then I am pretty sure that has happened
in the past and they can likely guide you on procedures for this
Your wording implies that perhaps this isn't an option in this particular
podlings case?
Rob
On 25/01/2015 06:45, "Branko Čibej" <br...@apache.org> wrote:
>On 25.01.2015 14:08, John D. Ament wrote:
>> All,
>>
>> If a podling had its name and codebase donated from a company, which had
>> already secured rights to the name,
>
>The term "secured rights" is a bit misleading. Even if they have a
>registered trademark, that's no guarantee that it doesn't infringe on
>anything, especially in a different jurisdiction.
>
>> what is required in the podling name search?
>
>IMO, same as always. There's no reason for the ASF to implicitly trust
>corporate lawyers. We should always look for names that are globally
>unambiguous.
>
>-- Brane
>
>
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Re: Podling Name Searches
Posted by Branko Čibej <br...@apache.org>.
On 25.01.2015 14:08, John D. Ament wrote:
> All,
>
> If a podling had its name and codebase donated from a company, which had
> already secured rights to the name,
The term "secured rights" is a bit misleading. Even if they have a
registered trademark, that's no guarantee that it doesn't infringe on
anything, especially in a different jurisdiction.
> what is required in the podling name search?
IMO, same as always. There's no reason for the ASF to implicitly trust
corporate lawyers. We should always look for names that are globally
unambiguous.
-- Brane
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