[JDEV] Jabber, the Name

[Peter Saint-Andre]

First, IANAL.

There are several approaches to protecting names. Linus Torvalds is, as 
you mention, extremely free with regard to who can use the name Linux. 
On the other hand, the Apache Foundation is decidedly less free with the 
name Apache, and you don't see any companies calling themselves "Apache 
Consulting" or whatever. My understanding is that Jabber is trying to 
steer a course between these two approaches.

As you point out, Jabber.com holds (and paid good money for holding) the 
trademarks in the name Jabber. I do not speak for Jabber.com, although I 
do happen to work for them. AFAIK, Jabber.com has been protective of the 
name Jabber within company names, as since letting *anybody* call 
themselves "Jabber Consulting" or whatever could potentially dilute the 
meaning of the word Jabber. I'm not sure if we (here I put on my 
corporate hat) will license the term to other companies for their 
company names, or just for product names, or how all that is working.


> Is Jabber.com the only commercial company allowed to
> use the word "Jabber" for their company names and
> products?  This is not fair.


Not as far as I know. However, Jabber.com owns the trademark and so one 
might have to work something out with them in order to use the word 
Jabber in your product/company name.

 
> The name "Jabber" should be similar to "Linux", in
> that any company can use it in naming products,
> websites or companies.


With all due respect, says who? As I mentioned, there are different 
approaches here and I've never heard anyone say that Apache was wrong to 
be more protective of the Apache name than Linus is of the Linux name.

> If Jabber.com can prevent
> other corporations from using the term "Jabber", it
> will greatly limit the progress of Jabber technology.


Being more careful about name protection than Linux does not seem to 
have hurt the adoption of Apache's technology.

>>From what I've discovered, "Jabber" was used in the
> public domain long before Webb Interactive came along
> and trademarked the name. 


Certainly, the word 'jabber' has a long history. Not necessarily in the 
context of instant messaging, though -- which is what we're talking 
about here.

 
> Who coined the name Jabber originally?  


I think Jer (with regard to this project, of course).


> Was it immediately trademarked before being used as a
> public open source project?  


No. Jabber.com bought the rights from someone else.


> Did Jabber.com buy the name from someone?


Yes. I'm not sure who.


> Did Jabber.org make an exclusive agreement with a
> single corporation (Jabber.com) to use the name
> Jabber?


AFAIK, yes (in essence). I'm not sure of all the details.


> If anyone could explain why Jabber.com has a legal
> trademark on the name "Jabber", 


The short answer is: because they paid for it (and jabber.org / Jeremie 
was not in a position to do so -- it ain't cheap).

> and why they prevent
> other commercial organizations from using "Jabber" in

> their company or product names, please let me know.

Well, one could say that they saw the potential here a long time before 
anyone else and wish to capitalize on that fact. AFAIK, Jabber.com 
*will* allow others to use the Jabber name but they have to pay for the 
use of the trademark. But I'm not the person to answer that definitively.

Hope this helps.

Peter

-- 
Peter Saint-Andre
stpeter at jabber.org