On Fri, 30 Mar 2018 13:36:05 -0700 Rick Moen <[email protected]> wrote:
> Quoting Steve Litt ([email protected]): > > > Here's why I wouldn't use Palemoon if it were the last browser on > > earth: https://github.com/jasperla/openbsd-wip/issues/86 > > > > By the way, a little research on USPTO shows they have no registered > > trademark on "Palemoon". For somebody so lawyerly threatening, he > > sure hasn't dotted his i's and crossed his t's. > > 1. Are you aware that there are a number of other commercially > significant trademark registries aside from USPTO? FWIW, lead > developer M.C. Straver appears to be in the Netherlands. So, for > example, the first place to look for relevant trademark registrations > would be the European Union Intellectual Property Office, not USPTO. I gotta show these guys *everything*... Months ago I did a big old search, and not just on USPTO, to find registered marks for "pale moon" or "palemoon". Nothing applicable. But what the heck, I went on EUIPO, did both searches, widest possible search, and the only text marks called "palemoon" or "pale moon" were for Coors Brewery and one other brewery. So still, as far as I can research, Straver ain't got squat. > > (Don't be another one of those 'Murricans who embarrass me by > implicitly assuming that nothing outside the USA counts. Tusen takk, > venn.) But in this case it appears the Murrican was right. > > 2. Please, before addressing these subjects again, make sure you > understand the concept of common-law trademark, which it's obvious you > currently do not. > https://www.bitlaw.com/trademark/common.html Did you notice how I phrased my original assertion? I said: ============================================================== By the way, a little research on USPTO shows they have no registered trademark on "Palemoon". For somebody so lawyerly threatening, he sure hasn't dotted his i's and crossed his t's. ============================================================== I didn't say he doesn't have some level of protection under the law: I said that for a guy talking all that shit, he comes up short backing it up. We also both know that registered marks are easier to defend and more likely to have draw substantial monetary damages upon finding of infringement than common law marks. The day I see Google and Amazon depending on common law marks, I'll give M.C. Straver a little more credit. But as of now, I see him as one of these guys who intimidates with references to his AK-47 and grenades and rocket launchers, but when it's time to produce, all he's got is a 2 inch pocket knife. [snip] > > It's somewhat painful to see Linux users blunder into this subject > repeatedly and make elementary gaffes like assuming that a trademark > has no force if not evidenced by a current 10-year registration at > USPTO. That was not my assumption. Please reread my post. > > As an aside, if anyone wished to sidestep M.C. Straver's > trademark-based encumbrances entirely, it would more than suffice to > use a slightly different name and logo / trade-dress stylings. Absolutely true. But to me, vendors matter, and I won't use software from somebody as douchatudenous as this guy. He makes Linus and Lennart look like pleasant people. > So, why waste time ranting against Straver > being possessive about his branding, when the branding is in no way > essential to the codebase? Isn't that a waste of your and everyone > else's time, Steve? What time? My original post was 308 characters; 46 words. 308 characters to say why Palemoon will never contaminate my computer. SteveT Steve Litt April 2018 featured book: Troubleshooting Techniques of the Successful Technologist http://www.troubleshooters.com/techniques _______________________________________________ Dng mailing list [email protected] https://mailinglists.dyne.org/cgi-bin/mailman/listinfo/dng
