RE: JDEE - Trademark Issues

Dear Mr. Freitas,

 

Thank you for your explanation, which seems perfectly reasonable to me.
I would not have reacted so strongly if it had accompanied your original
email. As far as I can tell, the changes required to the JDEE website
are quite minor and I have made them already. Please let me know if
there are any other changes needed to bring the site into compliance
with Sun's trademark guidelines.

 

Regards, 

 

Paul

 

 

________________________________

From: [email protected] [mailto:[email protected]] 
Sent: Monday, August 07, 2006 12:22 PM
To: Paul Kinnucan
Cc: [email protected]
Subject: 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. 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].  We appreciate your
continuing support of Java technology, and for respecting Sun's
trademark rights.  

Sincerely,

Victoria Freitas
Sun Microsystems, Inc.