[Standards-JIG] Public Federated Jabber Network
Robert B Quattlebaum, Jr.
darco at deepdarc.com
Thu May 18 21:20:38 UTC 2006
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
> 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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