Re: JDEE - Trademark Issues

Dear Mr. Kinnucan,

Please understand that it is not my intention to take action against our 
community members. This is simply a matter of our having to comply with 
US trademark laws that dictate that a trademark holder must protect its 
ownership or else lose it. This is the law regardless of whether the 
trademark name is used for commercially shipping products, or 
non-profit, or project-based technologies.

Specifically, if Sun allows others to use "Java" in their 
product/project names, Sun could lose its rights to the Java trademark.  
The community may continue to use "JDEE" and may also use "Java language 
development environment for emacs" with Java endowed with a TM-sign and 
the footnote attribution line that indicates "Java and all Java-based 
mark are trademarks or registered trademarks of Sun Microsystems, Inc. 
in the U.S. and other countries."

I sincerely value our Java community and hope you will understand that 
my email was simply to protect the interests of the larger Java 
technology ecosystem and its constituents.

Kind regrads,
Victoria


Paul Kinnucan wrote:

> Ms. Freitas,
>
>  
>
> Please be aware that the JDEE is not a "product." It is freeware 
> developed by me and many voluntary contributors, among others Sun 
> itself, over the last ten years for the benefit of those who want to 
> use Emacs to create Java programs. The JDEE is used by thousands of 
> programmers worldwide, both professional and students. As such, it has 
> made a not insignificant contribution to Java and Sun Microsystems. I 
> thus find insulting your implication that the JDEE somehow is 
> infringing upon or damaging Java or Sun in any way. My first instinct 
> is to remove the JDEE from the Internet to protect myself from this 
> kind of ridiculous harassment, which eats up my precious time and 
> benefits no one, least of all Sun. However, as this would be a 
> disservice to Java programmers who have come to rely on the JDEE,  I 
> intend to update the JDEE website to comply with Sun's trademark 
> requirements as quickly as my schedule permits. I am copying your 
> email and my reply to the JDEE mailing list because as stakeholders in 
> the JDEE, JDEE users deserve to know the reason for the changes in the 
> JDEE website.
>
>  
>
> Paul Kinnucan
>
>  
>
> ------------------------------------------------------------------------
>
> *From:* [email protected] [mailto:[email protected]]
> *Sent:* Friday, August 04, 2006 6:04 PM
> *To:* Paul Kinnucan
> *Subject:* JDEE - Trademark Issues
>
>  
>
> Dear Mr. Kinnucan,
>
> I work with the team at Sun Microsystems that promotes products that 
> use Java technology on www.java.com <http://www.java.com>. We know 
> that you worked closely with the Denmark SunSite previously, and we 
> appreciate your strong support of our Java technology.  We have 
> noticed that you spell out your product name JDEE as "Java Development 
> Environment for Emacs."  This doesn't comply with our trademark usage 
> requirements however, and we hope you'll work with us to correct this.
>
> Please understand that the value of the Java brand has been built up 
> over time by Sun and its community and supporters.  As the trademark 
> owner, we must maintain the integrity of the Java mark and its 
> association with our high quality products, technologies and systems, 
> by ensuring that the Java mark and logos are used properly, per our 
> trademark guidelines and policies, which can be found on our website 
> at http://www.sun.com/policies/trademarks/.
>
> Specifically, the Java mark may not be used in other parties' product 
> or company names.   While we have no objection to use of JDEE, kindly 
> refrain from spelling it out as "Java Development Environment for 
> Emacs."  By doing so, it looks like your product name.
>
> While you cannot use the Java mark in your product names, if 
> applicable, you may use the Java mark in a descriptive manner to 
> indicate that a specific product is "for the Java(tm) platform" or 
> that it is the "Java(tm) edition" of the product.  For example, we 
> would not object to use of "JDEE" followed on a separate  line, or in 
> a different font, with "software that interfaces Emacs to  
> command-line Java(tm) development tools."  You might also be eligible  
> to use one of our logos on your site (see 
> http://www.java.com/about/brand).  
>
> In addition, we'd appreciate it if you'd use the (tm) symbol the first 
> time you refer to the Java mark prominently, and the first time in 
> text.  Please do not use Java as a noun, but rather as an adjective, 
> followed by a noun ("software" or "technology").  On your home page, 
> please change "Welcome to the home of the Java Development Environment 
> for Emacs (JDEE)" to "Welcome to the home of the JDEE."  Please review 
> your website carefully and make additional changes where appropriate.
>
> Finally, please acknowledge Sun's ownership of the Java mark on your 
> website and in your marketing materials.  Unless you have a license 
> with Sun that requires you to use more specific language, post the 
> following on your home page:  "Java and all Java-based mark are 
> trademarks or registered trademarks of Sun Microsystems, Inc. in the 
> U.S. and other countries."
>  
> I hope this information is helpful.  If you have questions, I can be 
> reached via e-mail at [email protected] 
> <mailto:[email protected]>.  We appreciate your continuing 
> support of Java technology, and for respecting Sun's trademark rights.  
>
> Sincerely,
>
> Victoria Freitas
> Sun Microsystems, Inc.
>