[TriLUG] [OT] Common Public Attribution License / Open Source Initiative

[Phillip Rhodes]

Steve Litt wrote:
> On Wednesday 15 August 2007 13:50, Magnus wrote:
> 
>> Unfortunately they own the trademark to the term "Open Source".
>>
>> It would be interesting to see a more openly run group coin a related
>> trademark with a narrower definition and operate more transparently.
> 
> When did that happen? Last I heard, they backed out of trademarking it because 
> it was too difficult to trademark (probably because it's descriptive). I 
> don't have time right now, but someone should look up on USPTO whether it's 
> trademarked at all.

My understanding is that they don't have a *registered* trademark, but
that that doesn't mean they don't still have a trademark.   I'm not
even close to being an expert on trademark law, but apparently there's
something akin to a "common law" trademark where you gain a trademark
simply through use in commerce, even if you don't register with the
USPTO.  As I understand it, the OSI claims that they have such a
trademark on the term "Open Source" despite pulling their application
to register it with the USPTO.



TTYL,


Phil