[Foundation] trademark issue (or possibly lack of)

Jeremie jeremie at jabber.org
Wed Mar 13 13:24:58 CST 2002


> I second Dave's suggestion to change the name to avoid the tradmark issues.

I want to make a point here that I wasn't clear about before, I don't
believe there *is* any serious trademark issues.

As I said, you can check the uspto.gov site and see that the trademark
Jabber, Inc. applied for (serial# 76130296) hasn't been registered yet and
will soon be "published for opposition." I'm not sure entirely what that
means, but for those interested the process is listed at
http://www.uspto.gov/web/offices/tac/tmep/1500.htm and there is a bit more
detail on it at http://www.bitlaw.com/source/tmep/1503_01.html.

IANAL, but what I believe this all comes down to is that Jabber, Inc.
cannot show that they have acted to protect the pending TM application.
For instance, DJ's book has a typical publisher disclaimer listing the
trademarks they were notified about, and although Jabber, Inc. was quite
aware of the book being written, their Jabber(TM) is not listed.  I am
sure there are other similar instances of Jabber being used as well.

What this comes down to is that either opposition to the pending
registration can be published to prevent it from being registered or allow
general exceptions, or that "Jabber" is protected only in the same way
that "XML" and other common TM's are, anyone can use them but nobody can
claim exclusive rights.  If anyone knows or can contact a lawyer it would
probably be helpful to see if this really is the situation, possibly even
something JSF can do officially if it seems that is needed.

Jer





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