Re: [xtm-wg] XTM copyright

[Dale Hunscher <dale@supportability.com>]

NB Information does not appear to be claiming a trademark on XTM; in any case
it's a completely different and non-competitive arena, so I don't think
there's a legal issue (though only an attorney could say that for sure, and
they never do).

If anyone is going to claim a trademark on XTM they need to start putting a
mark after the first use of the name in any given context (the letters "TM"
in superscript is the convention most follow, but "(tm)" works in plain text)
and putting a legend on the document such as "XTM is a trademark of XXXX"
where XXXX is the claimant. This is the beginning step in establishing a
trademark. The next is doing that same step in as many public contexts as
possible to establish a basis for the claim. Then you could go through the
registration process, which is different in each country.

Even getting registration does not mean you can successfully defend a
trademark, BTW. The real test is when you have to prosecute an infringement
claim. IMHO, a three-letter acronym is pretty shaky. It's been done, though;
witness IBM and SAP.

Attorneys, feel free to correct. This is not legal advice, just the
experience of someone whose been through the process before.


Bernard Vatant wrote:

> Murray
>
> I'm no more lawyer than you are, but "XTM" is already used here and there
> as a product trademark.
> See e.g. http://www.nb-info.co.uk/index.htm
>
> Don't know if that's a problem, but better ask the thirty lawyers ...
>
> Bernard
>
>
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>
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