In my grossly under-qualified opinion, I'd imagine that the trademark
"Linux" would be a valid counter-example. i.e. a freeware developer (Linus)
owning the trademark for a freeware product.
> -----Original Message-----
> From: Paul Kinnucan [mailto:[EMAIL PROTECTED]]
> Sent: Tuesday, 17 July 2001 1:41 PM
> To: [EMAIL PROTECTED]
> Subject: Can A Freeware Name Be Trademarked?
>
>
> Hi all,
>
> According to
> http://www.uspto.gov/web/offices/tac/doc/basic/basic_facts.html,
> you have to have used, or intend to use, a name "in commerce"
> in order to
> apply for trademark status for the name. A freeware developer
> by definition
> does not intend to use the name of a freeware product in
> commerce. Is it
> thus illegal for a freeware developer to attempt to trademark
> a freeware
> product name? On the other hand, does the law forbid a noncommercial
> organization from using a trademarked term in its literature?
>
> I wonder if my predicament has ever been tested in court, i.e., a
> noncommercial organization being sued by a commercial organization for
> trademark infringement.
>
> - Paul
>
