[Standards-JIG] Public Federated Jabber Network

Robert B Quattlebaum, Jr. darco at deepdarc.com
Thu May 18 21:17:15 UTC 2006


Hello Chris!

On May 18, 2006, at 1:40 PM, Chris Mullins wrote:
> Jabber is a term that is completly owned legally by Jabber, Inc.  
> Continuing to leverage and use of this term is harmfull to the  
> entire ecosystem of XMPP providers and develpers save one. To the  
> best of my knowledge they have failed to turn over the related IP  
> to the community, and as such that word should not (must not) be used.

After reading http://www.jabber.org/trademark/background.shtml, I'm  
not sure what the basis of your argument is. Specifically part three:
> 3. What Does the Trademark Cover?
>
> The Jabber trademark covers the use of the word "Jabber," when  
> applied to the general category of computer software, including its  
> use in product names and company names. Trademark rights are  
> associated with specific goods and services, so that DELTA is a  
> trademark owned by Delta Airlines for air travel services and is  
> also a trademark owned by Delta Faucets for plumbing fixtures.  
> Similarly, even if Jabber, Inc. owns a JABBER trademark in the area  
> of computer software, Toyota could name its new car model JABBER.  
> The standard is whether consumers would be confused and think that  
> the products came from the same source. Software is so different  
> from cars, that it is unlikely that a consumer would conclude that  
> Toyota made the software, and vice versa.
There is plenty of precedent for using the term "jabber":

* Jabber Software Foundation
* Jabber ID
* All of the XMPP Namespaces start with "jabber:"

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Robert Quattlebaum
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