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how do trademarks work for this kind of thing. It's cool and I enjoyed it but I did at first think it was an official GitHub project and my rudimentary understa

how do trademarks work for this kind of thing. It's cool and I enjoyed it but I did at first think it was an official GitHub project and my rudimentary understanding of trademark law is that it's meant to prevent just that.

VWWHFSfQ 6y ago
I'm sure Github could make them change their domain name if they wanted to
newtoday 6y ago
If I remember correctly from previous posts about the use of 'Git', this also violates the Git trademark. Edit: Okay, I decided to not be lazy and provide more information. Official Git trademark policy: https://git-scm.com/about/trademark https://git-scm.com/about/trademark Also, if the OP / creator wants to, they can ask for wriiten permission to use the name. Although, I've read instances of them simply saying no.
- notRobot 6y ago
  The relevant bit: > In addition, you may not use any of the Marks as a syllable in a new word or as part of a portmanteau (e.g., "Gitalicious", "Gitpedia") used as a mark for a third-party product or service without Conservancy's written permission.
  - evv 6y ago
    This is fascinating. Has GitHub received permission, or is their trademark in jeopardy? And, what about Gitlab, Gitea, and all? The growth of git as a distributed service has suffered greatly at the hands of GitHub.. makes me wonder if the Git Conservancy would be inclined to push back.
    - detaro 6y ago
      Github was trademarked before git. The git trademark was only granted with a documented understanding they wouldn't conflict. Projects existing at that time got exceptions, and new ones are still sometimes granted. EDIT: some more details: https://public-inbox.org/git/20170202022655.2jwvudhvo4hmueaw@sigill.intra.peff.net/ https://public-inbox.org/git/20170202022655.2jwvudhvo4hmueaw...
pbhjpbhj 6y ago
Trademark law allows companiess to indicate the origin of products and services by giving rights for use, and/or registration, of words or images that indicate origin. Use is not necessarily infringement. I think here there is a genuine chance of confusion, so the disclaimer (in the website footer) is wise. In domain names it's established precedent that there is always confusion unless the trademark is compounded - GitHubAudio.com might be fine - but if challenged then I think the github.audio domain would be handed over (by a EU or USA court). Morally I find this domain causes obvious confusion and shouldn't be used: monitor github.audio, or something that isn't solely someone's else's RTM (for the same registered use) before the tld would be more clearly moral, IMO.

VWWHFSfQ 6y ago

I'm sure Github could make them change their domain name if they wanted to

newtoday 6y ago

If I remember correctly from previous posts about the use of 'Git', this also violates the Git trademark. Edit: Okay, I decided to not be lazy and provide more information. Official Git trademark policy: https://git-scm.com/about/trademark https://git-scm.com/about/trademark Also, if the OP / creator wants to, they can ask for wriiten permission to use the name. Although, I've read instances of them simply saying no.

notRobot 6y ago
The relevant bit: > In addition, you may not use any of the Marks as a syllable in a new word or as part of a portmanteau (e.g., "Gitalicious", "Gitpedia") used as a mark for a third-party product or service without Conservancy's written permission.
- evv 6y ago
  This is fascinating. Has GitHub received permission, or is their trademark in jeopardy? And, what about Gitlab, Gitea, and all? The growth of git as a distributed service has suffered greatly at the hands of GitHub.. makes me wonder if the Git Conservancy would be inclined to push back.
  - detaro 6y ago
    Github was trademarked before git. The git trademark was only granted with a documented understanding they wouldn't conflict. Projects existing at that time got exceptions, and new ones are still sometimes granted. EDIT: some more details: https://public-inbox.org/git/20170202022655.2jwvudhvo4hmueaw@sigill.intra.peff.net/ https://public-inbox.org/git/20170202022655.2jwvudhvo4hmueaw...

pbhjpbhj 6y ago

Trademark law allows companiess to indicate the origin of products and services by giving rights for use, and/or registration, of words or images that indicate origin. Use is not necessarily infringement. I think here there is a genuine chance of confusion, so the disclaimer (in the website footer) is wise. In domain names it's established precedent that there is always confusion unless the trademark is compounded - GitHubAudio.com might be fine - but if challenged then I think the github.audio domain would be handed over (by a EU or USA court). Morally I find this domain causes obvious confusion and shouldn't be used: monitor github.audio, or something that isn't solely someone's else's RTM (for the same registered use) before the tld would be more clearly moral, IMO.