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The title reads like some sort of experimental tech incubator within Hashicorp's Terraform team is shadily transferring millions. Hashicorp should sue for trade

The title reads like some sort of experimental tech incubator within Hashicorp's Terraform team is shadily transferring millions. Hashicorp should sue for trademark dilution.

LeifCarrotson 4y ago
They chose a single English word as their trademark, there are dozens of others already using very similar marks: https://uspto.report/Search/terraform https://uspto.report/Search/terraform They shouldn't be surprised if someone else also uses the same word. I'm a big fan of Yiotro Games and his naming system for Antiyoy/Bleentoro/Achikaps/Shproty: Come up with a series of letters that are easy to read, pronounce, and remember, and which are not already words when naming a project. This results in no trouble with trademarks or domain names, gives easy SEO, and isn't that hard.
- kube-system 4y ago
  Trademarks are industry specific, you specify what products/services you'll be using it for when you register. Because, for example, consumers aren't confused by an airline named "Delta" and a plumbing manufacturer called "Delta". Hashicorp's registration has a pretty decent lock on various descriptions of computer software.
- orangepurple 4y ago
  I got a good laugh out of Hashicorp's trademark registration. Cutlery??? Musical Instruments??? Fire-extinguishing apparatus??? Was someone drunk when filing? As part of their trademark documentation they took screenshots of Google search results and API docs (LOL) https://uspto.report/TM/88470183 https://uspto.report/TM/88470183 Primary US Classes 021: Electrical Apparatus, Machines and Supplies 023: Cutlery, Machinery, Tools and Parts Thereof 026: Measuring and Scientific Appliances 036: Musical Instruments and Supplies 038: Prints and Publications Primary International Class 009 - Primary Class (Electrical and scientific apparatus) Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), lifesaving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. The same goes for their T logo trademark: https://uspto.report/TM/88470285 https://uspto.report/TM/88470285 All of Hashicorp: https://uspto.report/company/Hashicorp-Inc https://uspto.report/company/Hashicorp-Inc
rschachte 4y ago
Why does everyone want to sue everyone these days?
- bgm1975 4y ago
  Free money (or the perception of it anyway).
- UncleEntity 4y ago
  You literally have to or you risk losing your trademark. Patents and copyright you can not enforce if you choose not to but trademarks are a different animal.
- alangibson 4y ago
  Registering a trademark isn't about suing anyone. It's about keeping others from frivolously suing you. If you are successful but don't register, someone _will_ register it in the same industry and sue you for infringement. They'll also some times hijack your Amazon listings if you are a seller.
  - pbhjpbhj 4y ago
    Prior use is an absolute defence. You might have problems with expansion (geographic, and type of business). This is not legal advice, just my opinion.
    - alangibson 4y ago
      IANAL, but I think that's only true in the USA. Most other places are first to file, not first to use. And even then, that doesn't prevent a frivolous suit in the USA
      - pbhjpbhj 4y ago
        No, for trademarks it's standard practice to allow prior use to continue (USA, EU, UK, at least). You can have a trade mark for decades, and be protected by passing-off law, then come to register it and find a brand new company has registered that mark, but that doesn't mean you can't continue your own trade with that mark, but can mean you're going to infringe on their registered right if you change (eg enter a new TM class, enter a new geographic region). This prevents established companies from being damaged by opponents registering their marks.
CWuestefeld 4y ago
A company doesn't own their trademarks in the same sense as a patent or copyright, it's not like protecting IP. It's about protecting the consumer from being fooled.

The title reads like some sort of experimental tech incubator within Hashicorp's Terraform team is shadily transferring millions. Hashicorp should sue for trademark dilution.

LeifCarrotson 4y ago

They chose a single English word as their trademark, there are dozens of others already using very similar marks: https://uspto.report/Search/terraform https://uspto.report/Search/terraform They shouldn't be surprised if someone else also uses the same word. I'm a big fan of Yiotro Games and his naming system for Antiyoy/Bleentoro/Achikaps/Shproty: Come up with a series of letters that are easy to read, pronounce, and remember, and which are not already words when naming a project. This results in no trouble with trademarks or domain names, gives easy SEO, and isn't that hard.

kube-system 4y ago
Trademarks are industry specific, you specify what products/services you'll be using it for when you register. Because, for example, consumers aren't confused by an airline named "Delta" and a plumbing manufacturer called "Delta". Hashicorp's registration has a pretty decent lock on various descriptions of computer software.
orangepurple 4y ago
I got a good laugh out of Hashicorp's trademark registration. Cutlery??? Musical Instruments??? Fire-extinguishing apparatus??? Was someone drunk when filing? As part of their trademark documentation they took screenshots of Google search results and API docs (LOL) https://uspto.report/TM/88470183 https://uspto.report/TM/88470183 Primary US Classes 021: Electrical Apparatus, Machines and Supplies 023: Cutlery, Machinery, Tools and Parts Thereof 026: Measuring and Scientific Appliances 036: Musical Instruments and Supplies 038: Prints and Publications Primary International Class 009 - Primary Class (Electrical and scientific apparatus) Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), lifesaving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. The same goes for their T logo trademark: https://uspto.report/TM/88470285 https://uspto.report/TM/88470285 All of Hashicorp: https://uspto.report/company/Hashicorp-Inc https://uspto.report/company/Hashicorp-Inc

rschachte 4y ago

Why does everyone want to sue everyone these days?

bgm1975 4y ago
Free money (or the perception of it anyway).
UncleEntity 4y ago
You literally have to or you risk losing your trademark. Patents and copyright you can not enforce if you choose not to but trademarks are a different animal.
alangibson 4y ago
Registering a trademark isn't about suing anyone. It's about keeping others from frivolously suing you. If you are successful but don't register, someone _will_ register it in the same industry and sue you for infringement. They'll also some times hijack your Amazon listings if you are a seller.
- pbhjpbhj 4y ago
  Prior use is an absolute defence. You might have problems with expansion (geographic, and type of business). This is not legal advice, just my opinion.
  - alangibson 4y ago
    IANAL, but I think that's only true in the USA. Most other places are first to file, not first to use. And even then, that doesn't prevent a frivolous suit in the USA
    - pbhjpbhj 4y ago
      No, for trademarks it's standard practice to allow prior use to continue (USA, EU, UK, at least). You can have a trade mark for decades, and be protected by passing-off law, then come to register it and find a brand new company has registered that mark, but that doesn't mean you can't continue your own trade with that mark, but can mean you're going to infringe on their registered right if you change (eg enter a new TM class, enter a new geographic region). This prevents established companies from being damaged by opponents registering their marks.

CWuestefeld 4y ago

A company doesn't own their trademarks in the same sense as a patent or copyright, it's not like protecting IP. It's about protecting the consumer from being fooled.