Re: opie trademark

----- Original Message ----
From: George France <[email protected]>
To: [email protected]
Sent: Friday, June 1, 2007 3:37:19 PM
Subject: Re: [Opie] opie trademark

Lorn,

On Friday 01 June 2007 03:50 pm, Lorn Potter wrote:
> George France wrote:
> > Lorn,
> >
> > You have been complaining and trying to upset folks for almost two weeks
> > now. I have let this go on long enough  There are lots of solutions.  I
> > and others even proposed several of them:
>
> Excuse me, it is YOU (as in GF and handhelds.org) whom are upsetting the
> most folks here! I am just the one being vocal about it, because I have
> spent 5 years of my life promoting and working in the project.
>
> What makes you think you have the right to steal Ben's free and open
> source project name? hh.org is a frickin HOSTING service. You do NOT own
> OPIE! Who gave you the right to the name Opie?
>
> YOU (and whatever lawyer(s) decided they needed to trademark names they
> have no right to) are the one who is doing all this to us and your
> community. I am merely speaking up.
>
> >     1)  follow the trademark policy and get a license.
>
> you (hh.org & you) don't rightfully own the trademark, and it is not yet
> registered, nor even reviewed.
>

What you are saying is not true.  It does not have to be registered to be 
valid and enforceable. Handhelds.org already owns the mark.  Registration is 
just the icing on the cake.

2nd warning - be constructive, work to resolve things.  Anymore 
ranting/accusations and I will ban you from the mailing list.

--George

I understand that the owner of the trademark has every right to register it.  But on what basis can handhelds.org claim they own the (unregistered) trademark?  Is it because the original project creators never laid claim to it?

At the time the Opie Project requested to use the handhelds.org resources, was there ever any notification that handhelds.org assumed control/ownership of the project name?

Dan 'drw' Williams



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