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Interesting question whether this violates the Ruby on Rails trademark. When someone made a clothing company called The South Butt, The North Face sued and had
by legalcorrection 5y ago
Interesting question whether this violates the Ruby on Rails trademark. When someone made a clothing company called The South Butt, The North Face sued and had a pretty decent case. They settled so no court decision, but seems analogous.
- paulryanrogers 5y agoTrade dress should only apply where there is a real risk of user confusion. Doubtful anyone would confuse this with ROR.
- legalcorrection 5y agoRisk of confusion is the overall standard but that doesn't always mean what you think it does. In a case where it's two products competing in the same market (i.e. two web frameworks, assuming that someone develops this into an actual framework), similarity of the marks is usually enough to establish risk of confusion. And generally, risk of confusion doesn't just mean that people will literally confuse the two products as identical. It's also about the risk that someone would think there is an affiliation or other connection between the two products. Finally, this would not be trade dress. It's about similarity of the product name, so just a plain trademark.
- throwaway81523 5y agohttp://www.coboloncogs.org http://www.coboloncogs.org is still going strong ;)