Python Trademark At Risk In Europe
mvar writes "A company in the UK is trying to trademark the 'Python' term for all things computing. The Python Software Foundation is asking for help. According to the PSF, they contacted the company in order to settle the matter but 'They blew us off and responded by filing the community trademark application claiming the exclusive right to use "Python" for software, servers, and web services — everywhere in Europe.' They now seek help from the community in several ways: By sending a letter to the EU council if you happen to work on a company that uses the Python programming language, by providing EU-published material regarding the Python language (articles etc) and/or financially supporting the PSF in the upcoming legal battle."
"And now for something completely old and similar."
At least in the U.S., trademarks come into existence by use in commerce. Registering a trademark is a good idea, but not even a requirement (which is why you see (TM) for non-registered trademarks and (R) for registered marks).
Assuming that the Python programming language and other related marks have been used in commerce *before* this other Python outfit showed up, then they don't have to worry about losing their rights to the name. Unless Europe allows for hijacking of marks simply through registration, I don't see what the Python guys should have to worry about (unless the other "python" company was using that mark in commerce before the real Python guys were).
Notice how confusing it is to name things above because of the conflicting "Python" mark? That's why there are trademarks, because if you have these name collisions it becomes difficult to accurately identify the source of the good or service.
AntiFA: An abbreviation for Anti First Amendment.
(In Europe only mind you) to NameRippedOffByTheFuckingCocksuckersAtPythonComputerServices or whatever :P
"The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
Everyone hits social media, hard - their name won't be worth toffee in the tech world. Which is ironically who they are trying to sell to.
Make it clear you wouldn't do business with them - and wait until they relent.
Why did the Python community drag its feet for so long on officially registering its brand-name? For the cost of approximately one hour's of lawyer's time, the low trade-mark fees 8 years ago would have been the cheapest solution to this situation. Now many many hours of lawyers' time will need to be expended to rectify the situation.
how about all of us calling this company up, several times a day, and *politely* telling them what we think? the sheer number of calls would, just from them having to answer the phone, cause them to lose money, as well as make it clear that we're not impressed.
Name & shame them!
The Python trademark was registered some time ago in the US but it's unclear why the Python Software Foundation didn't do the same in the EU.
Ita erat quando hic adveni.
It's protected in the UK under Common Law: http://en.wikipedia.org/wiki/Passing_off , and therefore in the entire EU, due to treaty: http://en.wikipedia.org/wiki/Trade_mark_law_of_the_European_Union
Is this "story" to try and get money for an hour worth of lawyer time, or just publicity for Python itself, since people are starting to not care about it that much, and they want more developers?
What did the company do that is wrong? They had the domain registered for years, why shouldn't they be allowed to make python servers? It's not like anyone who isn't an idiot would confuse python-server-hardware with python-programming-language.
Is there some back story somewhere that show the company acting dickish? When I saw the headline I was ready to grab my pitchfork (even though I'm a Ruby guy), but the "plea for help" doesn't justify any anger.
In other words, if they would have just paid the protection fee, they wouldn't have to have their fingers broken. Now its too late.
So let me get this straight:
A UK-based ISP/Cloud services company offers Linux/Windows based Cloud Servers and they think it's a good idea to name the product range after a well-known programming language?
It's a nice way to "gain the trust" of potential customers - "Yeah we're the guys that screwed over the Python community (we totally stressed them out and cost them major $ too) - buy our stuff you can trust us!"
"btw, we off Linux installed on our servers too. Ironic don't you think?"
No doubt this will gain a lot of negative publicity especially on sites like slashdot.org - you know the very people that know a lot about ISP/cloudy services!!!!!
I'm getting some popcorn.
....while using free software. From the footer on the front page of the pobox.co.uk website (operated by the company concerned, according to the article):
Joomla! is Free Software released under the GNU/GPL License.
Nice....
The company is *trying* to trademark it, no misdeeds by the justice system yet. Only the regular human stupidity and greed so far.
`echo $[0x853204FA81]|tr 0-9 ionbsdeaml`@gmail.com
I live in UK and the first association I make when encountering the word "python" is with Monty Python's Flying Circus. That would also be true of many people I know. Why would anyone want to use that as a trademark in this country when so many people will immediately think of a comedy team?
Years ago, the Python community should have paid the fees for the Madrid-System extension of the U.S. trademark registration to various other nations.
I'm guessing that they'd have to register it separately in all member states.
Couldn't they have done it in the WTO and made it applicable worldwide?
Or with the still relatively few supranational bodies that do this, such as the EU. But a trademark must still be registered dozens of times all over the world, and that makes the process way messier. Of course, there are many Pythonists in the EU, and it would have had sense, but then again... It is most probably not registered in my country, or anywhere else in Latin America. Is it worth, as a previous post mentions, to pay for "an hour worth of lawyer fees" (plus the registration fee) over and over? How often must the trademark be revalidated?
...agrees or cares about its ideology!
I never liked "Python" anyway. It's a great opportunity to find a new name. A better name! May I propose: Bieberconda?
I'm trying to teach myself to set people on fire with my mind... Is it hot in here?
Just like you do in the US. It isn't hard. Someone tries to file a trademark using your established name, you send them a batch of stuff, application gets rejected.
From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
does in fact access a portion of Veber's and PoBox's affiliated websites.
Is their CEO named Darl?
They feared that it could be used to suppress protest or support unpopular rule.
We have based our economy on financial services rent seeking for years, its about the time we got international recognition in the IP trolling sector!
Is their CEO named Darl?
No, it's Derl McBrood.
That is not entirely correct:
http://en.wikipedia.org/wiki/Linux#Copyright.2C_trademark.2C_and_naming
"In the United States, the name Linux is a trademark registered to Linus Torvalds.[5] Initially, nobody registered it, but on 15 August 1994, William R. Della Croce, Jr. filed for the trademark Linux, and then demanded royalties from Linux distributors. In 1996, Torvalds and some affected organizations sued him to have the trademark assigned to Torvalds, and in 1997 the case was settled.[114]"
In fact, the above is the first thing that came to my mind when I read the summary.
Unable to deliver your message. 553 Contact your postmaster/admin for assistance. Perhaps the PSF's Inbox is a little undersized...
"Cock Up Your Beaver" does not mean what you think. This sig is intended to clog filters and annoy do-gooders
Beyond this, why not get companies like ActiveState to weigh in? I'm sure they don't want ActivePython (MSRP $999) to suddenly be infringing.
Since I know some of the guys from ActiveState read Slashdot, I think the issue should be resolved within the day (after they sic their lawyers on the issue).
True. If "Python", being free, isn't considered as "trading" by the appropriate authorities, it can't be a prior mark. However, they could always argue genericity -- Google has 60 million hits for the search Python language, so it's definitely in active use as computer terminology...
Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
It's also a good way to screw over your buyers.
Yes, we promised you Python webservers, and we delivered your Python webservers as promised.
No, of course you can't program them in Python. Python is an optional extra, not a standard component of a Python webserver. What you want is our PyPy webserver a totally unique and new trademarked name for our Python webserver running a Python webserver.
No, Pypy doesn't run Pypy, just standard Python. If you want Pypy, you'll need to get PyPyPyPy, a Python webserver running the PyPy Python interpreter virtualised inside a Python session.
Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
Sorry, you can't bundle Europe that way. The legal systems of the UK were the foundations for the legal systems in all the colonised countries. The distinction is more "Common law" and "Roman law". Common law can be thought of more-or-less as "English-speaking law". (Inasmuchas any lawyer speaks English.)
Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
if you happen to work on a company that uses the Python programming language
Yeah and get google involved and you wont need much more help
For the love of God, read the article!
Veber were planning on naming their servers Python, and PSF CONTACTED THEM to make them stop. Veber RESPONDED by taking out the Trademark claim t DEFEND themselves.
If PSF hadn't been so pissy about it, Veber wouldn't have had to lawyer up.
maybe the thought they'll get points from ms for doing this. though fat chance since ms has it's own cloud to sell.
btw one thing they think that cloud isn't good for is "high volume data transfer scenarios.". they're selling people shit.
you know what's REALLY shitty? you have to sign up(free, sort of, they'll want your cc number) to see what os's /configurations they offer! and I'll bet you ten bucks one of them includes something with a python interpreter!
world was created 5 seconds before this post as it is.
Right, because trademarking Linux was a terrible idea. Moron.
That is not entirely correct:
http://en.wikipedia.org/wiki/Linux#Copyright.2C_trademark.2C_and_naming
"In the United States, the name Linux is a trademark registered to Linus Torvalds.[5] Initially, nobody registered it, but on 15 August 1994, William R. Della Croce, Jr. filed for the trademark Linux, and then demanded royalties from Linux distributors. In 1996, Torvalds and some affected organizations sued him to have the trademark assigned to Torvalds, and in 1997 the case was settled.[114]"
In fact, the above is the first thing that came to my mind when I read the summary.
I hope that the settlement afterward included representatives from the likes of Redhat, Debian, SuSe, Slackware, and whatever other distros existed back then holding an ass kicking party with Croce as the guest of honor.
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You can have trademarks with the same name as long as they are different areas.
Just like in 'merkinland.
Considering that they are both in the IT arena where one is software for a programming language and the other is trying to get protection for web servers, software, and other stuff, then there is a conflict and possibility of confusion here.
The correct course of events that should happen is that the group that develops the Python language should protest the trademark application and present their evidence. Then whoever oversees the issuance of trademarks should look at said evidence and tell the ones trying to get the trademark to either piss off or bugger off (their choice.)
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Just like Microsoft trademarked Microsoft Windows instead of just Windows, perhaps this company should add a descriptive word before the Python name and trademark that instead. Porcelain Python perhaps?
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No, it is possible to register a trademark for the whole European Community. http://en.wikipedia.org/wiki/Community_Trade_Mark
I like my spaghetti with source.
And who does it? Who "owns" Python and who would spend the actual time and money to do so? Without a corporate backer a lot of this gets overlooked or is too time consuming to handle. People working on open source projects prefer to work on the code usually.
I take it this British firm has never heard of the LOIC.
I deny that I have not avoided attaining the opposite of that which I do not want.
if you happen to work on a company that uses the Python programming language
Yeah and get google involved and you wont need much more help
By that logic, Google should own the Gmail trademark in Germany rather than the company which had been using it years before (only in Germany), which it does not, as has been discussed here and on other web sites.
OTOH, if the Python language and its use, or the publication or sale of any books about the Python language, in whichever countries that the other company is trying to register, occurred before that company started using ITS Python product, then they have no right to trademark that name, probably no right to even use it, themselves. The trick is getting the evidence. Documentation trumps personal testimony, so get your old charge slips ready.
Python's been published since 1991 ... his hosting company bought python.co.uk in 1997.
- Michael T. Babcock (Yes, I blog)