The [PostgreSQL Community Association of Canada](https://postgres.ca/) (PGCAC) 
would like to provide an update on the previous announcement regarding 
[trademark actions taken by the 3rd-party organization Fundación 
PostgreSQL](https://www.postgresql.org/about/news/trademark-actions-against-the-postgresql-community-2302/)
  against the PostgreSQL community. You can find the original summary of the 
actions here:

[https://www.postgresql.org/about/news/trademark-actions-against-the-postgresql-community-2302/](https://www.postgresql.org/about/news/trademark-actions-against-the-postgresql-community-2302/)

After this announcement, on September 14, 2021, Fundación PostgreSQL wrote to 
the Core Team and made a public statement that it would "start the process to 
transfer, permanently and irrevocably, all PostgreSQL-related trademarks and 
domain names to the PostgreSQL [Community] Association of Canada, with no 
conditions or costs attached."

PGCAC has been in a process of negotiating a settlement with Fundación 
PostgreSQL on the use of the "POSTGRESQL" family of trademarks. As of the 
publication of this announcement, we have not reached an agreement. 
Additionally, Fundación PostgreSQL has not honored its public or private 
statements to transfer any of its PostgreSQL-related trademark applications or 
domains to PGCAC.

This issue has been costly to the PostgreSQL community in both money and time. 
As part of the proposed settlement, PGCAC requested reimbursement for only the 
statutory filing fees related to the trademark opposition. While this amount 
would not cover the full cost of the dispute, it would offset some of the costs 
that the PostgreSQL community incurred.

Fundación PostgreSQL has claimed that these costs could have been avoided had 
PGCAC negotiated with Fundación PostgreSQL after PGCAC discovered Fundación 
PostgreSQL’s trademark applications. However, Fundación PostgreSQL filing 
infringing trademark applications for "POSTGRESQL", "POSTGRES", and "POSTGRESQL 
COMMUNITY" was an immediate escalation into a serious legal issue.

PGCAC’s legal counsel has spent months trying to get an answer from Fundación 
PostgreSQL on settlement terms. When Fundación PostgreSQL replied, it rejected 
the majority of the settlement terms and added a number of additional ones. 
However, Fundación PostgreSQL did maintain that they would withdraw the 
trademark applications regardless of the outcome of a formal settlement.

PGCAC, through its legal counsel, continued to reach out to see if Fundación 
PostgreSQL would withdraw the trademark applications. When contacted prior to 
this announcement, Fundación PostgreSQL through its counsel indicated that they 
had no interest in honoring its word on withdrawing the trademark applications. 
As of the publication of this update, these applications have not been 
withdrawn.

PGCAC would like to see Fundación PostgreSQL honor its statements on 
withdrawing the trademark applications and transferring domains. The PostgreSQL 
community would like to see this matter concluded so we can focus resources 
into other parts of the project.

If you have any questions on the [PostgreSQL trademark 
policy](https://www.postgresql.org/about/policies/trademarks/), please reach 
out to the [PGCAC board](https://postgres.ca/about/contact/).

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