Fwd: Re: opie trademark

Forwarding as per request. If you want to reply to Russ then you'll need to
reply to him directly as well as to the list as he isn't subscribed.

- Paul

---------- Forwarded Message ----------

Subject: Re: [Opie] opie trademark
Date: Saturday 02 June 2007 06:17
From: Russ Nelson <nelson_at_crynwr.com>
To: Paul Eggleton <bluelightning_at_bluelightning.org>

Please forward this to the Opie list. I'm not subscribed to it. -russ

Paul Eggleton writes:
> I have previously stayed silent on this issue, but I have to say that I am
> dismayed by the recent turn of events at handhelds.org regardless of their
> cause. Bringing trademarks into the matter has been hugely divisive.

No, that's not the problem. The problem is that (at least for GPE),
both parties believe that they own the name, and can put forth a
reasonable argument, by community norms. For better or worse,
Handhelds.org was the first to use the name in trade, which in the
U.S. gives it the trademark. George is only seeking a trademark
(which he plans to assign to Handhelds.org, Inc.) to enforce a claim
on the project that he believes, by community norms, is legitimate.

For his part, Florian is trying to sway public opinion against George
by making his actions seem illegitimate, as if Nils owned the project
without dispute, and George was trying to steal it.

In other words, both parties can't resolve their claims by community
norms and both are seeking other means of enforcing their claim to GPE.

I haven't looked into the details of the Opie name, but if you think
you own something that somebody else also thinks they own, THAT is
divisive. Attempting to enforce that claim is only to be expected.

So what are we, as a community, to do? Who owns the project named
'GPE'? Who owns the project named 'Opie'? It's not clear, by the
rules we've always followed. We need to make new rules.

There's a hint, in trademark law. If two parties are using the same
name in conflict (e.g. Snyder's Pretzels), then both must take steps
to ensure that they are not confused with the other. We may choose to
accept or reject that hint.

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