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

Andy acoliver at buni.org
Thu Aug 16 00:16:35 EDT 2007


This is unlikely IMO as ESR put out an ill-advised press release (that 
is no longer on OSI's website haha) that specifically stated that they 
did not have a trademark.  Given he was on the board at the time and it 
was on their website and an official press release by them...they have 
probably (inadvertently) REFUTED any ownership over it.
> 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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