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In fairness, trademarks don't have to be registered to be trademarks (edit: as cassidyjames said, but I skimmed over). Also: > but I absolutely do not want to
by wizzwizz4 5y ago
In fairness, trademarks don't have to be registered to be trademarks (edit: as cassidyjames said, but I skimmed over). Also:
> but I absolutely do not want to go the legal threat route and that's not what this issue was; this issue is me requesting you respect the elementary name and don't use it for something that is not produced by elementary. Because as we've seen repeatedly in the past, it causes real user confusion about the source and endorsement of software.
- jaywalk 5y agoYep, came to say exactly this. cassidyjames seems to be completely in the right here, and isn't even doing anything crazy. krisives is the problem.
- darig 5y agocassidyjames seems to be trying to remove an adjective from the english language permitted for use by others... the proof of their wrongness seems elementary.
- aDfbrtVt 5y agoAgreed, the request was very polite and seems totally reasonable. While I don’t think you can call digging up public fillings dox-ing, I don’t see any reason for the developer not to respect the request.
- spinax 5y agohttps://www.uspto.gov/sites/default/files/documents/BasicFacts.pdf https://www.uspto.gov/sites/default/files/documents/BasicFac... Page 11 > Is federal registration of my mark required? > No. In the United States, parties are not required to register their marks to obtain protectable rights. You can establish "common law" rights in a mark based solely on use of the mark in commerce, without a registration. I have read that the US is also "first use" and not "first to file", eliminating a race to registration.
- ddtaylor 5y agoCorrect, but those marks are limited to the specific areas where you practice business, whereas federal trademarks grant you the mark outside of only the areas where you practice business.
- chrismcb 5y agoFederal trademarks grant you the mark in areas you apply for. And you can still lose it.
- DanRabbit 5y agoYup, I also made a comment saying that we are absolutely not threatening legal action, nobody here is a lawyer, and it's only a request. So he deleted it
- ddtaylor 5y agoYou mean the comment where you claim that you were being harassed?
- DanRabbit 5y agoYes, the repo owner is trying to make it seem like elementary is threatening legal action, which again we aren't, and after not responding to any private communication, refusing to take down a link to a private residence, and continuing to draw attention on social media they were banned from our online communities for harassment and doxxing which goes against our code of conduct.
- ddtaylor 5y agoDidn't he link to a public document part of an attempted trademark filing?
- threatofrain 5y agoBut why is that interesting? Neither of them are lawyers, and you don't need the federal government to grant a trademark to have one. If someone wishes to address the issue on strictly legal grounds, such as by contending there is no trademark protection, then there is no choice but to bring in lawyers... All further discussion after that is just nonsense, such as the discussion of how Ubuntu uses their trademark — there's no point in trying to develop your own internal legal theory by reasoning with Ubuntu as a proxy.
- ddtaylor 5y agoBecause it shows that the trademark was rejected.