[dokuwiki] Re: "doodle" is a trademark and shouldn't be used in plugins
- From: "Jerry Schwartz" <jerry@xxxxxxxxx>
- To: <dokuwiki@xxxxxxxxxxxxx>
- Date: Thu, 31 Mar 2011 09:55:19 -0400
>-----Original Message-----
>From: dokuwiki-bounce@xxxxxxxxxxxxx [mailto:dokuwiki-bounce@xxxxxxxxxxxxx] On
>Behalf Of Michael Hamann
>Sent: Wednesday, March 30, 2011 5:14 AM
>To: dokuwiki
>Subject: [dokuwiki] Re: "doodle" is a trademark and shouldn't be used in
>plugins
>
>Hi,
>
>Excerpts from Esther Brunner's message of 2011-03-30 09:35:25 +0200:
>[...]
>> Don't panic. First, I think that Mike is right: These terms of
>> services don't apply to our DokuWiki plugins, at least the one
>> originally written by me doesn't share a line of code or use the
>> services of doodle.com in any way.
>
>Okay, but in most cases you still aren't allowed to offer a
>product/software that uses a trademark as name.
>
[JS] I believe that the exclusivity of a trademark (or a service mark and no,
I'm not sure of the legal difference) applies only when there is the
possibility of confusion.
For example, you could probably get away with naming a candy bar "Tide," so
long as you didn't use anything that resembles the logos used for the laundry
detergent. On the other hand, "Mac's Burgers" is similar enough that McDonalds
is going after the local restaurant by the same name.
Locally, we had a landscaping company calling itself "Better Stones and
Gardens." The owners of the "Better Homes and Gardens" magazine forced them to
change their name. They claimed that there could be confusion that would imply
some kind of endorsement or business connection.
BTW, some companies are extremely aggressive. Don't even **think** of using
any variation of "Lava Lamp," or even anything that looks like a Lava Lamp in
a picture (unless the image is an homage). Their clipping service will find
you, and the company will hang your hide from a flagpole as a warning to
others.
Regards,
Jerry Schwartz
Global Information Incorporated
195 Farmington Ave.
Farmington, CT 06032
860.674.8796 / FAX: 860.674.8341
E-mail: jerry@xxxxxxxxx
Web site: www.the-infoshop.com
>> Second, about the naming issue and the credits for the idea I had a
>> short conversation with Myke Naef, the founder of doodle.com, back in
>> 2006. He made clear, that this was no problem and thanked for the
>> credits. So as long as it is mentioned that the plugins are inspired
>> by doodle.com, and not used to create a competing service, which could
>> easily be confused with doodle.com, it should be no problem.
>
>Okay, thank you for the clarification, then this is really no problem.
>
>Michael
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