[JDEV] Jabber, the Name

[David Waite]

Sean McGlynn wrote:

> On Monday 14 May 2001 10:38 pm, you wrote:
> > First, IANAL.
> >
>
> Ditto...
>
> > 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.
>
> AFAIK, the Apache Foundation doesn't actually have a trademark on the word
> "Apache" though (and I doubt if they could!). However, the apache server is
> an implementation of a standardised protocol with an entirely different name,
> so the comparison with the Jabber trademark question is slightly different.
>

I believe they are seeking one, both for the use of 'Apache' in describing web
applications, and the for the apache feather logo.

You can trademark dictionary words as long as you are only trademarking a 'use'
of them - ask the Olympic Committee ;-)

> > My understanding is that Jabber is trying to steer a course between these
> > two approaches.
>
> And here IMHO lies the problem. Which Jabber do you mean? Jabber.com,
> Jabber.org, Jabber the Foundation, Jabber the Protocol, Jabber the open
> source server, Jabber Commercial Server from Jabber.com?
> I was under the impression that to protect a trademark, the owner had to
> enforce their "rights" whenever they see it being used without granting them
> recognition with the old "TM". If they don't do so then the Trademark
> invalidates itself through common usage. The Jabber (TM ;-) community uses
> the word for practically everything. This means, IMHO, that Jabber.com have
> either given up their right to the trademark already or will have to start
> enforcing it pretty soon. If the former is true, then we no longer have to
> worry. If the latter is true, then I can see problems with the open source
> community continuing to use the "J" word, which obviously wouldn't be in the
> best interests of anyone.
>

Again, I would recommend bringing this up at the next Jabber Foundation meeting,
as its a very important point for that forum to discuss.

Also, I believe the open-source server is changing their name to 'Jabelin' to
get around some of the confusion related between Jabber the server
implementation(s), Jabber the clients and Jabber the protocol.

-David Waite