4 ms·

(One of the authors here.) Good question. Does Pandora the radio have a global trademark for what is essentially a US-only product? Would such a trademark cover

by rolux 14y ago

(One of the authors here.) Good question. Does Pandora the radio have a global trademark for what is essentially a US-only product? Would such a trademark cover any type of online service, including a video archive platform? And if so, would it apply to a piece of software that is explicitly spelled pan-dot-do-slash-ra? IANAL, but I don't think so.

jtreminio 14y ago
It sounds like you have no idea what the answers to any of those questions are. You even have this on your page: "panˈdôrə"
- rolux 14y ago
  My intention was to sound like I'm not too worried. And you're right, we have "panˈdôrə" on our page - which is how you pronounce the name of Pandora, the figure from Greek mythology. Are you suggesting Pandora the radio would have a problem with that? Again, I don't think so.
  - bradleyland 14y ago
    > Are you suggesting Pandora the radio would have a problem with that? Given that your product is also in the "entertainment media" space, and is named almost identically to a large, publically traded company, I suspect you'll soon find out.
    - jmathai 14y ago
      You'll soon find out that the answer is "yes". As unfortunate as it may be if you're serious about this then I'd definitely 1) consider a different name or 2) get written confirmation that you're free to use it. Actually, IANAL. Don't take my advice. Definitely check with a lawyer. The headaches today will be worth avoiding MUCH larger ones down the road.
    - rolux 14y ago
      I guess that one of the things we're trying to achieve with pan.do/ra is to produce cutting-edge software without the help of marketeers or lawyers. There is a long tradition of making software that way, and we're trying to follow it. As a programmer, I'd prefer to find out about actual bugs, rather than worry about the hypothetical legal consequences of potential name collisions in the entertainment media space. Still, thanks for the advice.
      - gamache 14y ago
        As a programmer, I'd prefer to find out about actual bugs, rather than worry about the hypothetical legal consequences of potential name collisions in the entertainment media space. There is an actual bug here, but it's not in the code. Consider that using the Pandora name will impel you to spend more time thinking about legal issues, not less.
  - bradleyland 14y ago
    I'd like to offer some slightly less snarky advice. I was always the type of person to play it safe. I stayed far from the margins of error in the legal context. Then, a few years ago I partnered with some people who were significantly less averse to this sort of risk (legal). Two years later, I'm still litigating a legal battle of dubious basis at my own expense. The lesson I learned is that the legal process is not merely something you go through to resolve disputes, but rather it is something that can be done too you. It is expensive, unnerving, and a huge distraction. You never know when a legal battle is going to strike you like a bolt out of the blue, but you can certainly avoid standing in a field hoisting a metal pole during a thunder storm.
    - julien_c 14y ago
      Great comment. I was one of those less legal risk averse people, but one year into a dubious trademark battle I've changed my mind...
edgeman27 14y ago
Don't risk it, get a lawyer. The last thing you want is to create a recognised brand only to have to change the name because you saved some money by not checking.
- rolux 14y ago
  But what if we wanted to be recognized as the brand that is spelled pan.do/ra - which happens to be the URL of the product? And what if getting recognized as the brand involved in a trademark conflict about the name of a Greek mythological figure is a risk we're totally willing to take?
  - pavlov 14y ago
    And what if getting recognized as the brand involved in a trademark conflict about the name of a Greek mythological figure is a risk we're totally willing to take? That's some bravado. To make the case more poignant, you should also open an online shoe store at http://ni.ke http://ni.ke
    - rolux 14y ago
      I'm beginning to think that the Ancient Greek should have sought better protection for their intellectual property: http://en.wikipedia.org/wiki/Nike_(mythology) http://en.wikipedia.org/wiki/Nike_(mythology)
      - pavlov 14y ago
        My point exactly. "But, what about the Greeks!" doesn't carry much weight in a trademark lawsuit.
- aggronn 14y ago
  He shouldn't get a lawyer--he should change the name. The gain for getting to name it pandora exists exclusively in his ego. A prudent person wouldn't hire a lawyer for the sake of his ego.
gamache 14y ago
If the best name you can think of is already in use by a huge player in internet media, exposes you to legal attack, and will confuse potential users and customers, you need to keep thinking.
- rolux 14y ago
  Our approach was: If the best name we can think of is a nine-letter URL, we got it.

by rolux 14y ago

jtreminio 14y ago

It sounds like you have no idea what the answers to any of those questions are. You even have this on your page: "panˈdôrə"

rolux 14y ago
My intention was to sound like I'm not too worried. And you're right, we have "panˈdôrə" on our page - which is how you pronounce the name of Pandora, the figure from Greek mythology. Are you suggesting Pandora the radio would have a problem with that? Again, I don't think so.
- bradleyland 14y ago
  > Are you suggesting Pandora the radio would have a problem with that? Given that your product is also in the "entertainment media" space, and is named almost identically to a large, publically traded company, I suspect you'll soon find out.
  - jmathai 14y ago
    You'll soon find out that the answer is "yes". As unfortunate as it may be if you're serious about this then I'd definitely 1) consider a different name or 2) get written confirmation that you're free to use it. Actually, IANAL. Don't take my advice. Definitely check with a lawyer. The headaches today will be worth avoiding MUCH larger ones down the road.
  - rolux 14y ago
    I guess that one of the things we're trying to achieve with pan.do/ra is to produce cutting-edge software without the help of marketeers or lawyers. There is a long tradition of making software that way, and we're trying to follow it. As a programmer, I'd prefer to find out about actual bugs, rather than worry about the hypothetical legal consequences of potential name collisions in the entertainment media space. Still, thanks for the advice.
    - gamache 14y ago
      As a programmer, I'd prefer to find out about actual bugs, rather than worry about the hypothetical legal consequences of potential name collisions in the entertainment media space. There is an actual bug here, but it's not in the code. Consider that using the Pandora name will impel you to spend more time thinking about legal issues, not less.
- bradleyland 14y ago
  I'd like to offer some slightly less snarky advice. I was always the type of person to play it safe. I stayed far from the margins of error in the legal context. Then, a few years ago I partnered with some people who were significantly less averse to this sort of risk (legal). Two years later, I'm still litigating a legal battle of dubious basis at my own expense. The lesson I learned is that the legal process is not merely something you go through to resolve disputes, but rather it is something that can be done too you. It is expensive, unnerving, and a huge distraction. You never know when a legal battle is going to strike you like a bolt out of the blue, but you can certainly avoid standing in a field hoisting a metal pole during a thunder storm.
  - julien_c 14y ago
    Great comment. I was one of those less legal risk averse people, but one year into a dubious trademark battle I've changed my mind...

edgeman27 14y ago

Don't risk it, get a lawyer. The last thing you want is to create a recognised brand only to have to change the name because you saved some money by not checking.

rolux 14y ago
But what if we wanted to be recognized as the brand that is spelled pan.do/ra - which happens to be the URL of the product? And what if getting recognized as the brand involved in a trademark conflict about the name of a Greek mythological figure is a risk we're totally willing to take?
- pavlov 14y ago
  And what if getting recognized as the brand involved in a trademark conflict about the name of a Greek mythological figure is a risk we're totally willing to take? That's some bravado. To make the case more poignant, you should also open an online shoe store at http://ni.ke http://ni.ke
  - rolux 14y ago
    I'm beginning to think that the Ancient Greek should have sought better protection for their intellectual property: http://en.wikipedia.org/wiki/Nike_(mythology) http://en.wikipedia.org/wiki/Nike_(mythology)
    - pavlov 14y ago
      My point exactly. "But, what about the Greeks!" doesn't carry much weight in a trademark lawsuit.
aggronn 14y ago
He shouldn't get a lawyer--he should change the name. The gain for getting to name it pandora exists exclusively in his ego. A prudent person wouldn't hire a lawyer for the sake of his ego.

gamache 14y ago

If the best name you can think of is already in use by a huge player in internet media, exposes you to legal attack, and will confuse potential users and customers, you need to keep thinking.

rolux 14y ago
Our approach was: If the best name we can think of is a nine-letter URL, we got it.