Web Hosting Talk : Web Hosting Main Forums : Running a Web Hosting Business : Trade marks..

[kunal]

Some one brought something to my attention, that kinda spooked me out... what happens if they trade mark the letters PHP, or CGI, or PERL, or java for that matter? can we not use them at all? in a name? say if we had, "the php store room".. and php is a trade marked or copyrighted text... i could yet use it right? or no?

[cperciva]

IANAL blah blah blah.

Trademark law (at least in the US) is based in "fair trade" law; ie, it exists in order to protect consumers from being duped into buying something other than what they think they are buying.

Even if those terms were trademarked in the right context (and note that trademarks do have to have a specified context), you could still use those trademarks for the purpose of identification, as long as you do not misrepresent yourself.

For example, in car adverts you'll see one car company advertising that their car "abc" is $5000 cheaper than their competitors car "xyz". "xyz" is trademarked but they can still use the term to identify the competing product.

[kunal]

ah... well see.. this really doesnt solve my problem... my problem is that, i have a program called, the php mailing list..

so if php gets trade marked, or copy righted... i could yet use php in my product name right?

[ksstudio]

And also Kunal™, Ksstudio™, Webhostingtalk™, BC™, Chicken™, ™™™™™™™™™™™™..........

[cperciva]

Originally posted by kunal
i have a program called, the php mailing list..

so if php gets trade marked, or copy righted... i could yet use php in my product name right?

First, copyright isn't an issue here; only "creative works" can be copyrighted, and a 3 letter abbreviation does not count as creative.

As for the trademark issue, as long as the mailing list is a mailing list about PHP, you should be fine; trademark law would prohibit you from calling a Perl mailing list "the php mailing list" since that would be misrepresentation, but as long as "the php mailing list" is actually a php mailing list I can't see how there would be a trademark issue.

[kunal]

oops.. i shouldnt have mentioned the copy right thing


but, its not the content of the script i am talking about.. im talking about the name... the name is "The Php Mailing list".. its a mailing list written in php.. thats why i am calling it the php mailing list... simple as that...

and yes, i would be making a profit from selling the script right? so, i can be dragged to court for this?

[Jaiem]

Not a lawyer but I think as long as you state that the word or name is a registered trademark of whoever then it's ok.

OTOH, if someone copyrights something like PHP or CGI with the intent of controlling (and charging) the use of the name, then IMO frankly few people will use it. Some other free/non-restricted product will come out to take it's place.

In a world of the free-flow of info, trying to control common names is the surest way to kill the thing.

[Seer]

AOL holds a trademark for the word "AIM", AOL instant messenger. There was just a lawsuit against "aimster" which is a file swapping service like napster but more of an addon for instant messaging services. AOL won the lawsuit and aimster has to turn over all domain names and cease use of the word "aim". Aimster's defense is that the use of the word "aim" represents how the service targets music and files for swapping, hence the word "aim", supposedly. Just thought that this was interesting, wonder if they'll go after the Air Force for using the term "Aim High" ..

[Jaiem]

OTOH, a French court allowed a French company to use the name Ebay in part of it's domain even though it had nothing to do with Ebay.

Guess it all comes down to the lawyers involved.