Re: [xtm-wg] Trademark issue?

[Patrick Durusau <pdurusau@emory.edu>]

Notice: This is not legal advice and should not be taken as such.

Eric,

Eric Freese wrote:
> 
> Hello everyone:
> 
> I was just made aware of the following web site.  They claim to have a
> proprietary Extensible Topic Mapping (XTM) solution.  Later on in the page
> they mention that they have filed for a patent.
> 
> http://xcare.net/inve_index.html
> 
> To any people out there with legal backgrounds or who have watched a lot of
> Perry Mason, LA Law, or the Practice (all US lawyer shows), do we have an
> issue here?  What is the best way to proceed?
> 

The web site refers to:

> XCare.net employs cutting edge technology in the development of strategic eHealth solutions. Our engineers
>         and developers are skilled in the most complex and flexible applications such as Java, XML and XTM, which
>         provide us with the assurance that the result is a solid and flexible solution.

and

> The company leverages XML-based architecture and a proprietary
>         extensible Topic Mapping (XTM) solution to provide a mass-customized and personalized eBusiness
>         environment, tailored to enhance the customers' brand,

Should I assume that topicmaps.org has registered XTM as a trademark? If
so, I would suggest simply contacting the firm to request that they
indicate that XTM is a registered trademark of topicmaps.org.

Note that in the broadest (and hence most inaccurate terms) that patents
protect inventions, copyright protects intellectual property (don't ask
about the distinction between the two, it has been too many years and
the context required for an accurate explanation fills books), and
trademark protects "names" which may not qualify for protection under
patent or copyright. For example, the recipe for aspirin (sp?) is no
longer subject to patent protection but I could register "Topic Map
Discussion Relief" for trademark protection, and have copyright
protection for the ads that advertise it. 

Hope that helps!

Patrick
-- 
Patrick Durusau
Director of Research and Development
Society of Biblical Literature
pdurusau@emory.edu

To Post a message, send it to:   xtm-wg@eGroups.com

To Unsubscribe, send a blank message to: xtm-wg-unsubscribe@eGroups.com 

Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/