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

[Tim Jowers]

Open Software?

I know Open Systems was a popular term in the early 1990's but not sure
about trademark.

Tim


On 8/15/07, Phillip Rhodes <mindcrime at cpphacker.co.uk> wrote:
>
> 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
>
>
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