[Standards-JIG] Public Federated Jabber Network

Robert B Quattlebaum, Jr. darco at deepdarc.com
Thu May 18 21:20:38 UTC 2006

Er, Oops...

Not part three. Part two:
> 2. Why Jabber, Inc. (through Webb) Purchased the Trademark
> Jabber, Inc. had several reasons for purchasing the trademark:
> First, it wanted to ensure that instant messaging software based on  
> the Jabber protocols could legitimately use the JABBER name and not  
> infringe on existing intellectual property claims.
> Second, Jabber, Inc. wanted to make sure that anyone selling or  
> giving away Jabber software is actually using the Jabber open  
> source code, Jabber commercial software, or the Jabber protocols,  
> rather than providing products or services unrelated to the Jabber  
> protocols, but calling it "Jabber" in order to sell or distribute  
> more copies (this is called "Passing off"). Everyone in the Jabber  
> Community should share this goal, in order for the term JABBER to  
> maintain its distinctive meaning. If there were no trademark right  
> owned by anyone, Microsoft, for example, could develop a completely  
> unrelated IM or non-IM product and call it JABBER.
> Finally, at the time of purchasing the trademark, Jabber, Inc.  
> wanted to ensure that it would be the only IM-related company  
> called JABBER and that any other commercial or open-source entities  
> using JABBER in their name did so in a manner that was deemed good  
> for the Jabber Community and not detrimental to Jabber, Inc.

On May 18, 2006, at 2:17 PM, Robert B Quattlebaum, Jr. wrote:

> 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:"
> __________________
> Robert Quattlebaum
> Mobile: +1(650)223-4974
> Jabber: darco at deepdarc.com
> eMail:  darco at deepdarc.com
> www:    http://www.deepdarc.com/

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