5 ms·

Unfortunately this will probably run afoul of Git's trademark: "In addition, you may not use any of the Marks as a syllable in a new word or as part of a portm

by lbotos 5y ago

Unfortunately this will probably run afoul of Git's trademark: "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. For the avoidance of doubt, this provision applies even to third-party marks that use the Marks as a syllable or as part of a portmanteau to refer to a product or service's use of Git code." How enforceable that is... I'm not a lawyer. https://git-scm.com/about/trademark https://git-scm.com/about/trademark (section 2.3)

edgyquant 5y ago
How do gitlab, github, gitea, etc get away with it then?
- john_cogs 5y ago
  GitLab team member here. Git is a trademark of Software Freedom Conservancy and our use of 'GitLab' is under license.
- orra 5y ago
  GitLab and GitHub predate the trademark, and were explicitly granted an exception when the trademark was approved.
soperj 5y ago
Could they keep the same domain and change the name to gitly.org?
rvz 5y ago
So I should be seeing incoming lawsuits for GitLab (Who also acquired Gitorious and Gitter) GitHub, Gitea, GitKraken, Gitcoin, Gitpod, GitSense and a VSCode tool called GitLens? Why haven't they happened yet? Downvoters: So you have ALL sources to your claims that these aforementioned Git-related services have the necessary permissions to use the Git trademark from the Software Freedom Conservancy? I don't want 'probablys' or 'maybes' but full sources to ALL these services that explicitly show the permission granted for using the Git trademark under license. GitLab is covered. Evidence for the rest?
- sdesol 5y ago
  You can add my startup GitSense as well https://public-001.gitsense.com/insights/github/repos?q=window%3A45&r=github%3Amicrosoft%2Fvscode&v=repo https://public-001.gitsense.com/insights/github/repos?q=wind... The thing is, from what I've read, if you were using Git<plus something> before Git started cracking down, they will let it slide. I also think they don't care until you hit it big and cause issues for them.
- ezfe 5y ago
  They almost certainly have permission to use the phrases that way.
  - rvz 5y ago
    One simple question: Do you have evidence of this 'permission' on all of them excluding GitLab? Any sources?
- shakna 5y ago
  They're used under license. [0][1] > Git is a trademark of Software Freedom Conservancy and our use of 'GitLab' is under license [0] https://news.ycombinator.com/item?id=28062305 https://news.ycombinator.com/item?id=28062305 [1] https://about.gitlab.com/handbook/marketing/corporate-marketing/brand-activation/trademark-guidelines/ https://about.gitlab.com/handbook/marketing/corporate-market...
dragonwriter 5y ago
Unless someone has agreed to a contract binding them to the Git trademark policy, the policy would seem to serve as nothing but a statement as to the Conservancy’s preferences (except where it explicitly permits something, where it may constitute a gratuitous license); what is enforceable is trademark law. But, for a git-related service offered in commercial trade, there would seem likely to be a trademark violation independent of the policy, so the Conservancy is probably within their rights to enforce the policy in this case.
aorth 5y ago
Strange. What about GitLab and Gitea? And probably others.
- abdusco 5y ago
  In the case of Gitea, an argument could be made that it's actually `gi•tea`, not `git•ea` :)
  - vlovich123 5y ago
    Not how trademark law is argued I think. Mike Roe Software (mikeroesoft) had a similar challenge. Trademark law is kind of inane but what are you going to do.
  - GoblinSlayer 5y ago
    Gitea is a portmanteau, which is explicitly covered.
dr_kiszonka 5y ago
It would be a stretch but git has another meaning, which some find consistent with their perception of SWEs ;) https://www.merriam-webster.com/dictionary/git https://www.merriam-webster.com/dictionary/git
- ketralnis 5y ago
  So does Apple but you'd have a hard time defending your Apple Phone in court on that basis
GoblinSlayer 5y ago
EcmaScript all over again. As I understand, letter reversal doesn't count?
psychoslave 5y ago
Is that kind of extension to trademark even legal anywhere? That's so aweful how pissing territory behaviors are driving mindset of people involved in intellectual works.

by lbotos 5y ago

edgyquant 5y ago

How do gitlab, github, gitea, etc get away with it then?

john_cogs 5y ago
GitLab team member here. Git is a trademark of Software Freedom Conservancy and our use of 'GitLab' is under license.
orra 5y ago
GitLab and GitHub predate the trademark, and were explicitly granted an exception when the trademark was approved.

soperj 5y ago

Could they keep the same domain and change the name to gitly.org?

rvz 5y ago

So I should be seeing incoming lawsuits for GitLab (Who also acquired Gitorious and Gitter) GitHub, Gitea, GitKraken, Gitcoin, Gitpod, GitSense and a VSCode tool called GitLens? Why haven't they happened yet? Downvoters: So you have ALL sources to your claims that these aforementioned Git-related services have the necessary permissions to use the Git trademark from the Software Freedom Conservancy? I don't want 'probablys' or 'maybes' but full sources to ALL these services that explicitly show the permission granted for using the Git trademark under license. GitLab is covered. Evidence for the rest?

sdesol 5y ago
You can add my startup GitSense as well https://public-001.gitsense.com/insights/github/repos?q=window%3A45&r=github%3Amicrosoft%2Fvscode&v=repo https://public-001.gitsense.com/insights/github/repos?q=wind... The thing is, from what I've read, if you were using Git<plus something> before Git started cracking down, they will let it slide. I also think they don't care until you hit it big and cause issues for them.
ezfe 5y ago
They almost certainly have permission to use the phrases that way.
- rvz 5y ago
  One simple question: Do you have evidence of this 'permission' on all of them excluding GitLab? Any sources?
shakna 5y ago
They're used under license. [0][1] > Git is a trademark of Software Freedom Conservancy and our use of 'GitLab' is under license [0] https://news.ycombinator.com/item?id=28062305 https://news.ycombinator.com/item?id=28062305 [1] https://about.gitlab.com/handbook/marketing/corporate-marketing/brand-activation/trademark-guidelines/ https://about.gitlab.com/handbook/marketing/corporate-market...

dragonwriter 5y ago

Unless someone has agreed to a contract binding them to the Git trademark policy, the policy would seem to serve as nothing but a statement as to the Conservancy’s preferences (except where it explicitly permits something, where it may constitute a gratuitous license); what is enforceable is trademark law. But, for a git-related service offered in commercial trade, there would seem likely to be a trademark violation independent of the policy, so the Conservancy is probably within their rights to enforce the policy in this case.

aorth 5y ago

Strange. What about GitLab and Gitea? And probably others.

abdusco 5y ago
In the case of Gitea, an argument could be made that it's actually `gi•tea`, not `git•ea` :)
- vlovich123 5y ago
  Not how trademark law is argued I think. Mike Roe Software (mikeroesoft) had a similar challenge. Trademark law is kind of inane but what are you going to do.
- GoblinSlayer 5y ago
  Gitea is a portmanteau, which is explicitly covered.

dr_kiszonka 5y ago

It would be a stretch but git has another meaning, which some find consistent with their perception of SWEs ;) https://www.merriam-webster.com/dictionary/git https://www.merriam-webster.com/dictionary/git

ketralnis 5y ago
So does Apple but you'd have a hard time defending your Apple Phone in court on that basis

GoblinSlayer 5y ago

EcmaScript all over again. As I understand, letter reversal doesn't count?

psychoslave 5y ago

Is that kind of extension to trademark even legal anywhere? That's so aweful how pissing territory behaviors are driving mindset of people involved in intellectual works.