> From: [EMAIL PROTECTED]
> [mailto:ogf-l-admin@;opengamingfoundation.org] On Behalf Of
> [EMAIL PROTECTED]
> Sent: Friday, October 18, 2002 8:19 AM
> To: [EMAIL PROTECTED]
> Subject: RE: [Ogf-l] Trademark in OGC
>
>
> > This is almost as troublesome as the option 3 I referred to. It
means
> > that a trademark could accidentally be declared as OGC, and thus
> > reused by others.
>
> Call me an arrogant fanboy, but...
No moreso than me...
> AFAIK, Trademarks are usually so small and short that unless
> they're totally unique (like "Drizzt Do'Urden"), copyright
> doesn't even bother with them. Thus, for the most part it
> doesn't matter if the marks are OGC or not; some spell names
> (for example) are so generic ("fire missle" from R&R) that
> someone could very reasonably come up with them on their own,
> and a trademark claiim would be rather weak unless they're registered.
Ah, but if the trademark in question is a graphic?
> Unless someone were to use my trademarks to claim
> "compatability or co-adaptability" without my permission, I
> don't think that I would be able to successfully take them to
> court over it. It's clear that I intended the marks to be
> used to name something, and by inserting them they're hardly
> diluting the meaning I wanted to be attached to those marks.
But OGC can be sliced and diced as the user desires. You can use an OGC
name separate from that which it names. And so again, if my trademark in
question is a graphic -- say a company logo -- and the licenses work in
such a way as to render the logo OGC, can you then use my logo under the
OGL? And if so, just how do you tell "use" from "compatability or
co-adaptability"?
I'd be much more comfortable if I knew that "trademarks can't be OGC" or
"trademarks can technically be OGC, but still cannot be used without a
separate agreement". I'd be uncomfotrable if I knew that "trademarks can
be OGC and can be reused", "trademarks can be OGC and can be reused as
long as not for compatability or co-adaptability (and here's what that
means)", or even "trademarks that become OGC cease to be defensible
trademarks"; but at least I'd know what the OGL in conjunction with the
law means.
The first two possible answers mean: "Yes, you have to be careful about
your trademarks; but the consequences of a mistake aren't catastrophic."
The last three possible answers mean: "Scrub your product extra hard.
Make sure there's no chance whatsoever that a trademark is construed as
OGC, or you'll have trouble ahead." Either approach is something you can
work with; but not knowing means you have to assume the latter.
Martin L. Shoemaker
Martin L. Shoemaker Consulting, Software Design and UML Training
[EMAIL PROTECTED]
http://www.MartinLShoemaker.com
http://www.UMLBootCamp.com
_______________________________________________
Ogf-l mailing list
[EMAIL PROTECTED]
http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
