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List:       koffice-devel
Subject:    Re: KOfficeSource and KOffice
From:       Cyrille Berger <cberger () cberger ! net>
Date:       2008-01-14 20:37:28
Message-ID: 200801142137.28718.cberger () cberger ! net
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On Monday 14 January 2008, C. Boemann wrote:
> > * Should KOfficeSource GmbH in particular be allowed to use the
> > wordmark "KOffice" in their (our) name?  Under which particular
> > conditions (ownership, board, actions, etc)?
>
> I don't much like your use of KOffice in combination with Source. To me it
> sounds like you claim the ownership of the sourcecode. I know you don't but
> I still think the name implies that, so I really have issues with that
> name.
Not that my opinion matters, but I fully agree with that :/ It would be a 
perfect name for a foundation to protect the source code. But I especially 
found it ackward to associate it for a company whose main goal is (currently) 
not to specifically produce source code but services around it. That's my 2 
cents.

I advised people to read the trademark law of their country (for France see 
[1]), it won't transform you into an expert especially that you will miss the 
knowledge on court use of the law, but still it's quiet short and quiet easy 
to read.

As for KOffice beeing protected by the "current use". Well I am not a lawyer, 
but under french law, I do think we will have a lot of trouble to enforce it. 
Even if it's very likely that no one else can steal it, even if (under french 
law) it would either need to be a name publically known by a lot of people 
(it is not), or use by a "legal" entity (you might argue that KDE eV is a 
legal entity that use the name, so that might work). So if you are serious 
about protecting the name, you will have to consider registering it.

Then you will have to define either a  "code of conduct" (but that might not 
be easy the people in the KOffice communauty have a very wide-ranging 
opinion) or restrict the name of KOffice to the name of the office suite.

[1] FrenchTrademark law
http://www.legifrance.gouv.fr/WAspad/VisuArticleCode?commun=&code=&h0=CPROINTL.rcv&h1=2&h3=61
-- 
Cyrille Berger
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