4 ms·
> you can start borrowing from outside of software and have much less chance of confusion. Nike, Adidas, NYC, Rolex. This is objectively not true. > The indus
by orra 3y ago
> you can start borrowing from outside of software and have much less chance of confusion. Nike, Adidas, NYC, Rolex.
This is objectively not true.
> The industry is different and there is no commerce involved so no grounds for trademark violation.
Nike, Inc. have US trademarks in Nice class 9: 97095855 & 97096366. Rolex Watch U.S.A., Inc. have a class 9 and class 42 US trademark: 97655284. adidas AG have a class 9 EU trademark: 006703086. etc, etc.
Besides, these brands are so well known that I'm certain you'd be challenged even if it was a different trademark class.
- throwaway290 3y agoTrademark is not a globally reserved word. If you are not doing commerce in relevant area that there can be confusion (or you don't imitate the logo), you are free to use it. This is basic free speech. Besides Orca is a registered trademark used by multiple class 9 businesses, now what.
- staticman2 3y agoYou should read about trademark dilution laws.
- throwaway290 3y agoOkay I give you that. Of course it requires market and commerce, or it would be at odds with free speech. But I see how in this scenario this Orca may want to sell stuff later (like some OSS does these days) so that would be a problem for them. But... how that makes it OK to go to collide with a venerable OSS project? Because Gnome won't sue? The scope of words that are not registered or considered these strong trademarks is still nearly infinite!