Firebird Database Project Admin Apologises to mozilla.org for Mailbombing
Saturday April 26th, 2003
In an update to an earlier article, IBPhoenix is reporting that Ann Harrison of the Firebird database project has apologised to mozilla.org Staff for "problems a mailbombing may have caused". The apology was made at the request of the Debian project's Jonathan Walther, who has offered to mediate in the dispute. The article also reports that the Firebird Admins and the FirebirdSQL Foundation are trying to open a more formal channel of communication with mozilla.org.
#31 Re: No, you don't.
Sunday April 27th, 2003 12:27 PM
You are replying to this message
"No, you don't get a trademark by putting a TM next to a word or phrase. You get it by using it."
True but using the TM symbol indicates a person/organisation claims ownership of the mark for a particular purpose.
"And since US laws designate official categories, one of them being Software, mozilla.org can never trademark the Firebird name, because they were years late in using it."
There is no Software category for trademarks. Software fits into Class 9 (Electrical and scientific apparatus) <http://www.uspto.gov/web/…/tmfaq.htm#Application018> which includes: "Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), lifesaving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus."
I do not believe that the possibility of consumer confusion is decided solely on these classes. By my reading of the above description, both Apple Computer and Apple Records are operating in the same class; yet they coexist peacefully. Trademarks can also span several classes, as the owner of Xerox Pastries will no doubt tell you.