Re: [gl4java-usergroup] Re: trademarks

[<te...@at...>]

Kerry:

Maybe, I missed an earlier mailing but what about 
JavaScript - absolutely no relation to Java but it 
survives?

Tegwyn
> At 02:28 PM 4/12/00 +0200, Max Gilead wrote:
> >
> >"Kerry L. Bonin" wrote:
> >
> >> For marks protecting products or product lines, it is considered "dilution"
> >> and "confusing to the marketplace" if someone else uses a product or
> >> product name which encorporates your mark, no matter how subtly.
> >
> >One thing I don't understand: there are zillions web pages, magazines that
> are
> >named like "JavaCats", "JavaCenter", "Javablahblah" etc. Is it OK??
> >
> >Does *ALL* other software folks that uses Java in their names pay for it?
> 
> That's one of those gray "fair use" areas.  For non-product names, such as
> a news and information site, a mark holder can [generally] cut leeway
> without it being used against them in a product related suit.  Some
> organizations choose to be aggressive and stop everybody from doing
> anything - Disney, Lego.  Others allow more slack.  The pseudo-"open"
> aspect of the "community process" and the "open" Java standards forces this
> position somewhat.  
> 
> The differentiating factor is product vs. non-product, regardless of
> product price and terms.
> 
> It all comes back to mark "dilution" suits for product infringement.  One
> interesting current example is the Sun-M$ suit r/e Microsoft's attempts to
> continue to use the term "Java" for their increasingly divergent
> implementation.  For example, if Sun doesn't watch how "Java" is used,
> Microsoft may win the right to call their implementation "ActiveJava" or
> "BillyBoyJava" or "RealJava" regardless of specification compliance.
> Kerry L. Bonin
> Sr. Engineer, Security/Cryptography & Advanced Visualization, Cisco Systems.
> VScape lead architect - Adaptive secure clustering for multiuser VR.
> 
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