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Posted to general@incubator.apache.org by "Noel J. Bergman" <no...@devtech.com> on 2010/01/19 03:50:32 UTC
Handling of Traffic Server Trademark
Leif Hedstrom wrote:
> Traffic Server would like to resolve the TradeMark issues.
> Who would be able to make this call?
The relevant content is:
> Y! holds several TMs for the name "Traffic Server", most of which
> expires soon. Our legal team has proposed two possible solutions,
> the first being the easiest for us.
> 1. Yahoo! provides ASF with a letter of assurance stating that we
> own all right, title and interest in and to the TRAFFIC SERVER
> mark and the four active registrations and that we will not take
> any action against ASF or any of its licensees during the life of
> these registrations (and we'd express our intention of letting
> them lapse and expire in this letter).
> 2. Yahoo! will assign all right, title and interest in and to the
> TRAFFIC SERVER mark including the four active registrations to
> ASF [though we'd probably want to make this contingent on getting
> through the incubator stage].
We can run this through Apache Legal, but my take is that we'd prefer option
#2, which is the same route that I believe was previously used for
SpamAssassin.
One issue, as I understand it, is that the ASF probably should not be
letting marks lapse, and should be maintaining them. But those aspects
ought to be ASF-wide, and would come from Apache Legal.
Does anyone else have an opinion? Please do offer it. :-)
--- Noel
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Re: Handling of Traffic Server Trademark
Posted by jean-frederic clere <jf...@gmail.com>.
On 01/19/2010 03:50 AM, Noel J. Bergman wrote:
> Leif Hedstrom wrote:
>
>> Traffic Server would like to resolve the TradeMark issues.
>> Who would be able to make this call?
>
> The relevant content is:
>
>> Y! holds several TMs for the name "Traffic Server", most of which
>> expires soon. Our legal team has proposed two possible solutions,
>> the first being the easiest for us.
>
>> 1. Yahoo! provides ASF with a letter of assurance stating that we
>> own all right, title and interest in and to the TRAFFIC SERVER
>> mark and the four active registrations and that we will not take
>> any action against ASF or any of its licensees during the life of
>> these registrations (and we'd express our intention of letting
>> them lapse and expire in this letter).
>
>> 2. Yahoo! will assign all right, title and interest in and to the
>> TRAFFIC SERVER mark including the four active registrations to
>> ASF [though we'd probably want to make this contingent on getting
>> through the incubator stage].
>
> We can run this through Apache Legal, but my take is that we'd prefer option
> #2, which is the same route that I believe was previously used for
> SpamAssassin.
+1
>
> One issue, as I understand it, is that the ASF probably should not be
> letting marks lapse, and should be maintaining them. But those aspects
> ought to be ASF-wide, and would come from Apache Legal.
Sure.
Cheers
Jean-Frederic
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RE: Handling of Traffic Server Trademark
Posted by "Gav..." <ga...@16degrees.com.au>.
> -----Original Message-----
> From: Noel J. Bergman [mailto:noel@devtech.com]
> Sent: Tuesday, 19 January 2010 12:51 PM
> To: general@incubator.apache.org
> Subject: Handling of Traffic Server Trademark
>
> Leif Hedstrom wrote:
>
> > Traffic Server would like to resolve the TradeMark issues.
> > Who would be able to make this call?
>
> The relevant content is:
>
> > Y! holds several TMs for the name "Traffic Server", most of which
> > expires soon. Our legal team has proposed two possible solutions,
> > the first being the easiest for us.
>
> > 1. Yahoo! provides ASF with a letter of assurance stating that we
> > own all right, title and interest in and to the TRAFFIC SERVER
> > mark and the four active registrations and that we will not
> take
> > any action against ASF or any of its licensees during the life
> of
> > these registrations (and we'd express our intention of letting
> > them lapse and expire in this letter).
>
> > 2. Yahoo! will assign all right, title and interest in and to the
> > TRAFFIC SERVER mark including the four active registrations to
> > ASF [though we'd probably want to make this contingent on
> getting
> > through the incubator stage].
>
> We can run this through Apache Legal, but my take is that we'd prefer
> option
> #2, which is the same route that I believe was previously used for
> SpamAssassin.
>
> One issue, as I understand it, is that the ASF probably should not be
> letting marks lapse, and should be maintaining them. But those aspects
> ought to be ASF-wide, and would come from Apache Legal.
>
> Does anyone else have an opinion? Please do offer it. :-)
Can I suggest this question gets asked on trademarks@apache.org list.
I believe all trademark issues should go there, if needed they would
refer to legal as and when.
I haven't followed the history of this thread, so don't know if
http://apache.org/foundation/marks/ has been pointed to yet.
Gav...
>
> --- Noel
>
>
>
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Re: Handling of Traffic Server Trademark
Posted by Leif Hedstrom <zw...@apache.org>.
On 01/19/2010 01:55 AM, Bernd Fondermann wrote:
> On Tue, Jan 19, 2010 at 03:50, Noel J. Bergman<no...@devtech.com> wrote:
>
>> Leif Hedstrom wrote:
>>
>>
>>> Traffic Server would like to resolve the TradeMark issues.
>>> Who would be able to make this call?
>>>
>>
> <snip/>
>
>> Does anyone else have an opinion? Please do offer it. :-)
>>
> There's a third option: Rename the project.
> Has this been discussed already?
>
It hasn't been discussed, but I'm pretty sure it's not something the
PPMC would want to do. The only reason to do this, I think, would be if
we can't resolve the trademark issues any other way.
It sounds like there are a couple of "votes" for having Y! transfer the
TMs to ASF. I'll ask our legal team to start working on that.
Thanks,
-- leif
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Re: Handling of Traffic Server Trademark
Posted by Bernd Fondermann <be...@googlemail.com>.
On Tue, Jan 19, 2010 at 03:50, Noel J. Bergman <no...@devtech.com> wrote:
> Leif Hedstrom wrote:
>
>> Traffic Server would like to resolve the TradeMark issues.
>> Who would be able to make this call?
>
<snip/>
> Does anyone else have an opinion? Please do offer it. :-)
There's a third option: Rename the project.
Has this been discussed already?
Bernd
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