Mozilla Wins XUL Motor of the Year 2003 Award
Saturday January 3rd, 2004
Gerald Bauer writes: "The Richmond Post — a news blog chronicling the XUL Revolution — announced the winners of the XUL Motor of the Year 2003 award today [Friday]. Mozilla leads the pack with 98 votes (31%) followed by two Java XUL motors (Swix and Thinlet) and a Flash XUL motor (Zulu)."
Given that Mozilla is the only "XUL motor" on the award shortlist to actually support the XUL specification, it is hard to see how anything else could have won. Unless of course you use 'XUL' to mean any XML-based declaritive markup language, in which case you probably also use 'Java' to refer to any object-oriented programming language and 'English' to describe any language that uses the Latin alphabet.
#55 Refusal on Basis of Descriptiveness
Thursday January 8th, 2004 11:57 PM
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Allow me to quote from US trademark regulation:
1209 Refusal on Basis of Descriptiveness
Extract from 15 U.S.C. §1052.
No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it .... (e) Consists of a mark which, (1) when used on or in connection with the goods of the applicant is merely descriptive or deceptively misdescriptive of them....
Matter that “merely describes” the goods or services on or in connection with which it is used is not registrable on the Principal Register. As noted in In re Abcor Development Corp., 588 F.2d 811, 813, 200 USPQ 215, 217 (C.C.P.A. 1978):
The major reasons for not protecting such marks are: (1) to prevent the owner of a mark from inhibiting competition in the sale of particular goods; and (2) to maintain freedom of the public to use the language involved, thus avoiding the possibility of harassing infringement suits by the registrant against others who use the mark when advertising or describing their own products.