On Tuesday 22 June 2004 09:47 am, eviltwin69@... wrote:
> I tend to agree that there is little intersection here. Send them a
> friendly email explaining that you have been using the name for some time.
> Offer to provide a link on your page to their page for those who get
> confused. Then ask them to provide a similar link on their page. A nice
> brief description of their app in association with the link would be good
> too. No point in ruffling anyone's feathers over this.
The only issue is if they trademark theirs. If you guys trademark yours first
and can show that the name has been in common usage longer, than you have the
advantage, if that particular issue should arise. As far as the rest of us,
there's no intersection between the two programs, as Jan pointed out (and
others). But in trademark law (I'm not a lawyer, but this same subject has
gone across other lists recently that sought legal advice), Software is one
category and there can only be one Hydrogen within that category.
So, if you guys really want to take action on this, either defensively or
otherwise, I would suggest you make sure you're absolutely happy with the
name, then register the trademark. Costs $335. The only problem with having
a trademark is that you have to pursue it, so whenever someone makes software
called Hydrogen, you have to tell them about your trademark and they have to
change their name, or you have to sue them. But if someone else has the
trademark and they don't ask you to stop using the name or they don't sue
you, then if there is ever a battle you can have theirs removed because they
didn't defend it, or something like that.
> On Tue, 22 Jun 2004 10:40 , Chris Cannam <cannam@...>
> >On Tuesday 22 Jun 2004 10:05 am, Comix wrote:
> >> http://lwn.net/Articles/90392/
> >> any comment?
> >The two applications are about as different as they can be, and the
> >intersection between users of the two has got to be pretty small.
> >(At least, I'm guessing from the description of this new Hydrogen
> >thing that quite a lot of people could be potential users, but most
> >of them probably won't know they're using a product called Hydrogen.)
> >I don't think there's as much potential for confusion as there is
> >between, say, MusE and MuSE. I think it's worth making these people
> >aware that the name is in use for another program in case they care,
> >but beyond that I don't think it's worth worrying about. Unless
> >someone happens to trademark it, of course.
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