Slashdot Mirror

← Back to Stories (view on slashdot.org)

Trademarking Open-Source Projects?

Posted by Cliff on from the identity-protection dept.

dautelle asks: "I had the nasty surprise to receive a letter from a company in New-Zealand asking me to stop using the 'jade' name they have recently trademarked (my open source project has been Java Addition to Default Environment or JADE for short, long before their trademark filing date). I am going to comply, but I wonder if our open-source projects should be trademarked (cost >300$) to prevent such misfortune?"

8 of 77 comments (clear)

  1. Re:Absurd by fm6 · · Score: 2, Insightful
    If you insist on acting like a doormat, you are doing a severe disservice to the public.
    It's easy to call names when you're not the one facing big legal bills. And even if you have the money, it's stupid to pick fights over things that matter as little as this.
  2. The true cost by fm6 · · Score: 3, Insightful
    I wonder if our open-source projects should be trademarked (cost >300$) to prevent such misfortune?
    Standard mistake: "trademarking" and "registering a trademark" is not the same thing. All the registration does is help document that you claimed the trademark at a certain time. What really establishes your right to a trademark is using and protecting it. Which costs a lot more than $300!
  3. I dunno man... by NanoGator · · Score: 2, Insightful

    The solution seems to me to pick a name that few others would care much about. JADE is a bit too common, IMHO.

    Wish I had a better suggestion for you, but I don't. I see an interesting opportunity for you here, though: When you pick a new name, make sure it's so unique that a Google search will turn you up.

    --
    "Derp de derp."
  4. Rename your project by Brandybuck · · Score: 3, Insightful

    Stop whining and rename your project. It doesn't matter if they have a trademark or not, because they had the name far longer than you did. I use Jade (the original) on a regular basis but I've never heard of your app until now.

    It doesn't matter what your political views on trademark IP is, in a polite society whoever grabs the name first gets to use it. So be a good community citizen and rename your project. And don't name it "linux" because that's trademarked too!

    --
    Don't blame me, I didn't vote for either of them!
    1. Re:Rename your project by innocent_white_lamb · · Score: 3, Insightful

      Okay, apparently the Jade trademark in question isn't the Jade I'm thinking about. But that doesn't nullify my argument:

      To the contrary, mate; you just blew your whole argument out of the water - boots, boards, buckets and barrels.

      If there are lots of "Jade" projects around, including your pet "Jade" (whichever it is), then it appears that the whole "Jade" trademark experience has become as a practial matter, far too widespread and diluted to be of any real-world value as an exclusive property.

      --
      If you're a zombie and you know it, bite your friend!
  5. Re:Absurd by SwellJoe · · Score: 4, Insightful

    All of which requires, hiring a lawyer. High-sounding principles get you mod points, but they don't pay your legal bills.

    I'd like to agree and disagree with this sentiment.

    I agree because you should never claim "you'll be hearing from my lawyer". You should /start/ with them hearing from your lawyer, because otherwise it is an empty threat (which they'll guess) and you're very likely to say something that can seriously hurt your case and reduce your chance of winning and even if you do win, your resultant damages.

    However, a letter from a lawyer is not horribly expensive. If you draft a very precise letter in advance, and ask them to look over it at their normal rate, and correct any issues, you can get in and out in 1-2 hours. It would be likewise a couple of hours or less if you go to a lawyer that deals in trademark law regularly--he'll have a bunch of pre-fab letters and his secretary will pick the right one for your circumstances. Yes, that's $100-$400 (lawyer rates vary, and how much time they'll want to bill will vary--call around), but you're very likely to nip the problem in the bud and never hear from them again.

    If they choose to continue to harass you, your lawyer (yes, now you really have a lawyer and when you wave around "you'll hear from my lawyer" they'll know you mean it), will likely take the case at reasonable rates or on contingency. If you have proof of using the mark for any period of time before they used it or claimed it, or if you are clearly in an unrelated field (or both), then the case is open and shut and few lawyers would turn it down.

    The good news, however, is that no lawyer would come after you under such circumstances because the case is unwinnable, if they know you already have a lawyer and are not afraid to use it.

    Responding to them personally is the worst thing you can do. Ignore them with prejudice, or have a lawyer send them a letter. Do not respond yourself unless you have training in trademark law, and even then you probably shouldn't respond yourself.

  6. ex-nay by epine · · Score: 3, Insightful

    My view is that it was a sad day for humanity, democracy, and freedom of expression that ordinary, long established words from the English language (or any other) should have been subject to trademark rights in the first place.

    Xerox should be trademarked.
    Kleenex should be trademarked.
    Pepsi should be trademarked.
    Coke should NOT be trademarked.
    McDonald's should NOT be trademarked.
    Fedex should be trademarked.
    Nike is debatable (obscure Greek mythology).
    Clorox should be trademarked.
    Lexmark should be trademarked.
    Apple should NOT be trademarked.

    I think we should accept reality and just get rid of trademark registration altogether except for xemes(TM) containing the letter x.

  7. You don't have to fear -- sort of by Anonymous Coward · · Score: 1, Insightful

    If you use the name "Jade Software" as a company name, then the company in New Zealand is correct, and you've got legal problems.

    However, the mere word "Jade" is quite common. For example, just searching for businesses with the word "Jade" in them, in just the Chicago business directory, yields 22 hits. Jade Corporation, Jade Tattooing, Jade Restaurant, Jade Property Management.

    Even the word "McDonald" is part of several business names.

    Where this gets fuzzy is that businesses with the same name can co-exist so long as they aren't in the same, or the same area.

    You may not have money for a lawyer, but you could probably scrape up $100 for a consulation with a lawyer. Consider it insurance. If you don't know how to contact a lawyer that specializes in this sort of thing, contact the Bar Association for your state.