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List:       koffice-devel
Subject:    Re: KOfficeSource and KOffice
From:       Pau Garcia i Quiles <pgquiles () elpauer ! org>
Date:       2008-01-14 20:55:36
Message-ID: 20080114220624.umgzxqotmsk8s0gk () www ! elpauer ! org
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Quoting "Aaron J. Seigo" <aseigo@kde.org>:

> On Monday 14 January 2008, Bart Coppens wrote:
> > > [that's to protect not-trademarked names which
> > > everybody knows are trademarked and owned by KDE eV]
> > 
> > Ummm ;-) So they're not trademarked, yet we know they're trademarked by the
> > eV? ;-)
> 
> i assume he means non-registered trademarks which are own by KDE e.V.

I meant non-registered trademarks or names which are in use by us and  
people generally acknoledges they are related to KDE.

Take, for example, KDEPIM. It's not a registered trademark, therefore  
it cannot be owned by KDE eV or anyone else, but we and everybody out  
there in the FOSS world know KDEPIM is related to KDE, KDE eV, etc and  
I guess we won't be happy to see Microsoft buying the KDEPIM adword in  
Google and redirecting it to Outlook or whatever.

Here in Spain if you can prove you were using a name or brand before  
and it was publicly associated to you, even if a 3rd party comes and  
tries to register or use the brand, you win the trial. Of course the  
trial is longer and harder than if you had registered the trademark  
(because you need to show enough evidence), but if you were truly  
using the brand, you win.

Then there's the problem with countries like Australia, where you  
*lose* your rights to a trademark or brand if you do not enforce it.  
Don't anyone of you remember the mess with the "Linux" brand in  
Australia?
http://lists.linux.org.au/archives/linux-aus/2005-August/msg00084.html
http://www.ilaw.com.au/linuxfaq.html
http://www.smh.com.au/news/next/linux-trademark-protection-comes-at-a-cost-for-some/2005/08/15/1123957995044.html


Take whatever I say with a grain of salt, IANAL.

-- 
Pau Garcia i Quiles
http://www.elpauer.org
(Due to my workload, I may need 10 days to answer)

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