On Sun, 2010-11-21 at 18:20 +0100, Francesco Poli wrote: > On Sun, 21 Nov 2010 16:04:30 +0100 Gerber van der Graaf wrote: > > > I have to correct something: Holger Marschall, the author of the > > "OpenFOAM Documentation Project", explained me he only received some > > emails where OpenCFD threatened him to write a letter of legally valid > > cease and desist letter. He actually did not receive it as he put down > > the website. Also, after he named it to "FOAM Documentation Project", > > which was put down after OpenCFD complained. > > Were the threats from OpenCFD Ltd. received *before* or *after* the > renaming from "OpenFOAM Documentation Project" to "FOAM Documentation > Project"? > If the answer is "after", I think this could indicate that OpenCFD Ltd. > is willing to lay claims on the "FOAM" term... I don't know whether > such claims would hold in a court, but OpenCFD Ltd. seems to *think* > they would. OpenCFD sent an email of threat after the web page http://www.openfoam-documentation.org was launched. Then the author received another mail of threat after he launched http://www.foam-documentation.org as abbreviation is forbidden. I also think OpenCFD tries to claim the 'FOAM' word. It is however very confusing as there are quite a couple of projects concerning this technology: OpenFOAM-extend, from prof H.Jasak, the second main author of the OpenFOAM project and left OpenCFD, probably after a dispute. pyFOAM and IFOAM, these were mentioned proudly by Jasak during his presentation at the first meeting of Dutch OpenFOAM Usergroup. > > > > > As stated in the OpnCFD trademark policies, the naming OpenFOAM and > > abbreviations are explicitly forbidden. > > http://www.openfoam.com/legal/trademark-policy.php > > > > That said I wonder if FreeFOAM is considered as trademark infringement, > > even by OpenCFD, as a derived naming is not explicitly mentioned to be > > forbidden. > > Well, there's point 7 of the above-mentioned trademark policy, which > states, in part: > > | Third Parties must not market products or services using the Trade > | Marks or any wording that is confusingly similar to the Trade Marks > [...] ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ > > If I recall correctly, the concept of "confusingly similar" wording > comes from trademark laws, which forbid unauthorized uses of a > trademark and or any mark which is confusingly similar to the trademark > itself. > > However, whether OpenCFD Ltd. (or a court of law) would consider > "FreeFOAM" confusingly similar to "OpenFOAM" is still to be assessed. > > > > > Therefore, I still have my doubts if even renaming of the FreeFOAM > > project is required. > > My suggestion to rename FreeFOAM is mainly driven by the goal of > minimizing the risk of your project name being deemed confusingly > similar to "OpenFOAM". > > > I will ask an attorney at our university for this. > > Good idea: I hope he/she can help you in the difficult task of finding > a safe way through trademark laws! ;-) > > > In addition, the trademark 'Freefoam' has already been used by a > > construction company and I found two registered US trademarks > > (extrusion / machinery and a travel luggage and bags company). Whether > > these companies will be annoyed by our software project remains to be > > seen. > > As far as I know (but, I repeat, I am not a lawyer), trademark > infringement occurs when an identical or confusingly similar trademark > is used by an unauthorized party *for products which are similar to > the one covered by the infringed trademark*. > > This may mean that the use of "Freefoam" in other markets than > extrusion machinery or travel luggage cannot be objected to by those > two companies... > > > At least, this might obstruct OpnCFD to go after FreeFOAM. > > I am not sure... > > > > > Thanks a lot for your contributions in searching a new name for the > > FreeFOAM project. We will definitely take them into account. > > You're welcome, indeed. > Have a nice day. >
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