Podling trademark

[Xavier Hanin <xa...@apache.org>]

Hello legal-discuss@,

I'm currently investigating registered trademarks for the podling Ivy, and
I'd like to get some experienced feedback since it's my first
trademarkinvestigation.

At the moment, following advices on the general@incubator.a.o list, I've
made a search on the United States Patent and Trademark Office and with
google. On the uspto.gov site looking for Ivy leads to 410 documents, in
which it's difficult to see which are related to software. So I've tried "
Ivy software" search and found 2 documents, related to dead trademarks [1]
[2]. On google I've found several things related to Ivy software [3] [4]
[5]. So now I don't know how I can say if it's a problem or not, and if we
need to change the name of the project or if Apache Ivy will be fine. Any
help or advice to tell me what I should do or consider would be very
helpful.

Thanks in advance,

Xavier

[1] http://tess2.uspto.gov/bin/showfield?f=doc&state=p16u71.2.1
[2] http://tess2.uspto.gov/bin/showfield?f=doc&state=p16u71.2.2
[3] http://www.ivysoftware.com/
[4] http://www.ivysoft.co.uk/
[5] http://www.tls.cena.fr/products/ivy/

Re: Podling trademark

[Xavier Hanin <xa...@gmail.com>]

On 7/4/07, Ralph Goers <Ra...@dslextreme.com> wrote:
>
> The first two links lead to a message saying the search session has
> expired.


Indeed, sorry about that. I've found no way to link to the pages I found,
but a trademark search using the basic form with "Ivy Software" gives the
result, only two dead trademarks.

I'd be more worried about products named Ivy than a company.  Your
> product is officially Apache Ivy which should help reduce conflicts,
> however as folks inevitably shorten the name it would be confusing if
> there was already a product named Ivy.


Indeed, but I think there's already a lot of products named Ivy, the problem
is that most of them (all?) are not related to software. But I don't know if
the search using "Ivy Software" is representative.

I'm not sure how much confusion there could be between Apache Ivy and
> Ivy Software, especially since the only software product I see is Ivy
> Author. But then again, I'm not a lawyer.
>
> IIRC, when Felix was first started they did a similar investigation and
> got results similar to yours, so I would find that encouraging.


Thanks, this is encouraging :-)

Xavier


-- 
Xavier Hanin - Independent Java Consultant
http://xhab.blogspot.com/
http://incubator.apache.org/ivy/
http://www.xoocode.org/

Re: Podling trademark

[Ralph Goers <Ra...@dslextreme.com>]

The first two links lead to a message saying the search session has expired.

I'd be more worried about products named Ivy than a company.  Your 
product is officially Apache Ivy which should help reduce conflicts, 
however as folks inevitably shorten the name it would be confusing if 
there was already a product named Ivy.

I'm not sure how much confusion there could be between Apache Ivy and 
Ivy Software, especially since the only software product I see is Ivy 
Author. But then again, I'm not a lawyer.

IIRC, when Felix was first started they did a similar investigation and 
got results similar to yours, so I would find that encouraging.

Ralph


Xavier Hanin wrote:
> Hello legal-discuss@,
>
> I'm currently investigating registered trademarks for the podling Ivy, 
> and I'd like to get some experienced feedback since it's my first 
> trademark investigation.
>
> At the moment, following advices on the general@incubator.a.o 
> <ma...@incubator.a.o> list, I've made a search on the United 
> States Patent and Trademark Office and with google. On the uspto.gov 
> <http://uspto.gov/> site looking for Ivy leads to 410 documents, in 
> which it's difficult to see which are related to software. So I've 
> tried "Ivy software" search and found 2 documents, related to dead 
> trademarks [1] [2]. On google I've found several things related to Ivy 
> software [3] [4] [5]. So now I don't know how I can say if it's a 
> problem or not, and if we need to change the name of the project or if 
> Apache Ivy will be fine. Any help or advice to tell me what I should 
> do or consider would be very helpful.
>
> Thanks in advance,
>
> Xavier
>
> [1] http://tess2.uspto.gov/bin/showfield?f=doc&state=p16u71.2.1 
> <http://tess2.uspto.gov/bin/showfield?f=doc&state=p16u71.2.1>
> [2] http://tess2.uspto.gov/bin/showfield?f=doc&state=p16u71.2.2 
> <http://tess2.uspto.gov/bin/showfield?f=doc&state=p16u71.2.2>
> [3] http://www.ivysoftware.com/
> [4] http://www.ivysoft.co.uk/
> [5] http://www.tls.cena.fr/products/ivy/ 
> <http://www.tls.cena.fr/products/ivy/>
>

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