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  • Safe to advertise without a trademark?

    - by KlashnikovKid
    Alright, I'm currently thinking about registering my game with Steam's new Greenlight program. Only problem is I don't have a trademarked title yet and I read the government's registration process can take a little while. (and $$ I don't have at the moment) So naturally, this got me wondering if it is a sound idea to proceed without one. So my question is are there any serious pitfalls I should worry about if I start advertising without a trademarked title? (Assuming it doesn't infringe upon anyone else's property of course)

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  • Google Denied Trademark for Nexus One

    <b>Datamation:</b> "Google doesn't get embarrassed too often, but the U.S. Patent and Trademark Office (USPTO) just dealt it a loss of face by rejecting its application for a trademark for the Nexus One smartphone."

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  • selling or using a domain name with trademark of other company

    - by Prakash Moturu
    in domain name but the problem is its the exact same word of a big company i am not sure whether they trademarked it or not . is it legal to use the domain for a non profit purpose and for use in the field other than the company in ? and also can i sell it to any one is there any possibility for the company to take any action for selling or using it for some no profit and non related field i have absolutely no idea about trademarks and patents thanks for your time in advance

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  • What's the best license for my website?

    - by John Maxim
    I have developed a unique website but do not have a lot of fund to protect it with trademark or patents. I'm looking for suggestions so that when my supervisor gets my codes, some laws restrict anyone from copying it and claim their work. I'm in the middle of thinking, making the application a commercial one or never allowing it to be copied at all. What kind of steps am I required to take in order to make full measurements so my applications are fully-protected? I've come across a few, one under my consideration is MIT license. Some say we can have a mixture of both commercial and MIT. I would also like to be able to distribute some functions so it can be modified by others but I'd still retain the ownership. Last but not least, it's confusing when I think of protecting the whole website, and protecting codes by codes in division. How should we go about this? Thanks. N.B I have to pass it over to the supervisor as this is a Uni project. I need this to be done within 2 weeks. So time to get my App protected is a factor here.

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  • Can I display ads on a site whose domain name includes a trademark?

    - by architect
    I own a domain containing a trademarked word. I don't want to get into trouble with the trademark owner so my plan is to use the domain to display information (wiki-style) about the service the trademark owner provides. My question is whether I can display ads on this website to make money. For example, let's say I own Google.org (Google being a trademark). On this domain I would write about the real Google (history, business etc.) Can I get into trouble for having ads on this page including ones that promote other search engines (Yahoo, Bing, etc.).

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  • How does Google maintain its codes?

    - by John Maxim
    Pagerank algorithm is not revealed to any of their associates programmers, but only accessible by Larry Page or maybe Sergey Brin. I wonder how do they go about managing their coding? There are times when you need to build something up and you may need more hands to help with coding, but you may also want to keep some secrets to yourself, I'm not saying I have secrets, but I wonder how do they manage their coding. I'm sure there are some ways to do it decently and professionally. The reason why friendster failed was because one of the factors they lost control over their coding part. I think this is an interesting question. But not easy to answer, maybe only a marginal knew.

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  • Where is the line drawn with domain names which include a trademark?

    - by Thomas Clayson
    A search on google for "iphone developer" turns up loads of websites which have "iphone" in them, a trademarked name by Apple. So I'm led to believe that having a domain such as iphonedeveloper.com is ok? Well, you're still using Apple's trademark, but it would be hard to brand yourself otherwise. You're an IPHONE DEVELOPER... right? Well, what if I want to provide a website where users pay to get a list of the best offers from Ebay? I might have a domain like ebaydeals.com (I don't... i'm just speculating!). Now I've heard that places like Ebay are really hot on the trigger and fire out emails to people who register domains like that straight away. But whats the difference? In both cases I'm making money from the trademark, effectively, so is it just down to how lenient the company who owns the trademark is? Or are there rules? Is there a specific "line" you don't cross? Thanks

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  • Where / how often do I need to show trademarks and registration marks for 3rd-party software?

    - by Aidan Ryan
    In the application my company publishes, we refer to 3rd-party software in several places: user manual, in the application UI itself, etc. Are we legally required to display the trademark or registration mark symbols next to the trademarked/registered names of 3rd-party software? If so, must they be displayed every time the name is mentioned, or is it sufficient to acknowledge the registration once (for example, in the application's splash screen or the introduction section of the user manual)?

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  • Is naming a software product the same as a book legally problematic?

    - by Jake Petroules
    I came up with a name for a software product I'm developing. It's composed of two common English words put together (for example, Firefox, Silverlight, etc.). I Googled the name to see if it was being used by any other software product before committing to it. After finding none, I did notice that there is a book published around 60 years ago, by that same name. Would it be legally problematic to name my software product as such, or does it being a software product vs a book make it irrelevant? PS - I know this isn't really a programming question, but naming is related to software development, isn't it? ;) PPS - How do companies like Microsoft get away with naming things "Windows" and "Office"? Or are they just legally called "Microsoft Windows" and "Microsoft Office"? Do developer names always precede software product names? Would naming a software product "Jones Office" be illegal?

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  • Does apps that play on the word Droid need to worry about Lucasfilm's Trademark?

    - by seanmonstar
    I've noticed in recent ads that the Verizon Droid and Droid Eris have to put up acknowledgement on Lucasfilm's trademark of the word "Droid", and had to pay licensing fees to use it. I'm wondering if an app I'm building that uses the word Droid in the naming is violating said trademark. I've noticed other apps that do it (Twitdroid), and never once considered it a problem. The name in question would be ServiceDroid.

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  • WebCenter Customer Spotlight: Instituto Mexicano de la Propiedad Industrial

    - by me
    Author: Peter Reiser - Social Business Evangelist, Oracle WebCenter  Solution SummaryInstituto Mexicano de la Propiedad Industrial (IMPI) is a decentralized  federal agency with the goals of protecting and ensuring awareness of industrial property rights in Mexico. IMPI  business objectives were to increase efficiency, improve client service, accelerate services to the public and reduce paper use by digitizing management of necessary documentation for patent and trademark submissions and approvals. IMPI  implemented  Oracle WebCenter Content to develop electronic inquiry service by digitizing and managing documents and a public Web site making patent-related information easily available online. With the implemented solution IMPI increased the number of monthly inquires from 200 in person consultations to 80,000 electronic consultations and the number of trademark record inquiries from 30,000 to 300,000. Company OverviewInstituto Mexicano de la Propiedad Industrial (IMPI) is a decentralized federal agency with the goals of protecting and ensuring awareness of industrial property rights in Mexico. IMPI is responsible for registering and publicizing inventions, distinctive signs, trademarks, and patents. In addition to its Mexico City headquarters, IMPI has five regional offices.  Business Challenges IMPI  business objectives were to increase efficiency by automating internal operations and patent and trademark-related procedures and services, improve client service by simplifying patent and trademark procedures, accelerate services to the public and reduce paper use by digitizing management of necessary documentation for patent and trademark submissions and approvals. Solution DeployedIMPI worked with Oracle Consulting to implement Oracle WebCenter Content to develop electronic inquiry service - services that were previously provided in person only - by digitizing and managing documents. They use Oracle Database 11g, Enterprise Edition to manage data for all mission-critical systems, automating patent and trademark transactions, providing consistent, readily available, and accurate data. IMPI developed a Web site to support newly digitized information with simple and flexible interfaces, making patent-related information easily available online to the public. Business ResultsWith the implemented solution IMPI increased the number of monthly inquires  from 200 in person consultations to 80,000 electronic consultations and the number of trademark record inquiries from 30,000 to 300,000. “Oracle WebCenter Content structure is unique. It lets us separately manage communication with other applications and databases, and performs content management itself. It’s a stable tool, at an appropriate cost, that lets us develop and provide reliable electronic services.” Eugenio Ponce de León, Divisional Director of Systems and Technology, Instituto Mexicano de la Propiedad Industrial Additional Information Instituto Mexicano de la Propiedad Customer Snapshot Oracle WebCenter Content

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  • How can Google publish Dalvik as Java-language compatible since Java is a trademark?

    - by Bruno Chagas
    According to this thread Java and JVM license You can write a compiler that implements the Java Language Specification or write a JVM that implements the Java Virtual Machine specification, but when you officially want to call it "Java", you have to prove it is compatible by passing the tests of the TCK (technology compatibility kit) and pay for a license from Oracle. So, how can Google (or any other java implementation for that matter) claims that Dalvik is a Java virtual machine?

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  • Can I name a team with the name of their city to avoid trademark issues?

    - by Paul
    I was wondering, if you want to make a NBA game on smartphones, without the license held by EA, the first solution seems to name your teams with a different name, such as "Chicragro Brulls" (this is just for the example), but would it be possible to just call your team with the name of the city, such as "Chicago vs. Dallas" ? I know the first solution was chosen by Pro Evolution Soccer, would you know any other game that don't use a license?

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  • How to ensure that the domain name you are registering won't have licensing or trademark issues?

    - by pokemarine
    What are the conventions of domain registering? What domains and names someone can use as a brand/name for a website? How to determine if the name selected is available and there will be no legal issues later? Example.: A new website being developed, it needs a name, isn't it? So the team who is responsible for it decides, the name will be "WooLaCocaCola", means I should register the www.woolacocacola.com domain for the site. Let's say the domain is free to register, but that doesn't mean that the name as it is can be used, how can I check something like this?

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  • Amazon Elastic Terms and Conditions

    - by PP
    WARNING: Have you really read Amazon's Terms and Conditions? Would anybody seriously agree to this term on Amazon's Elastic services sign up page? 6.2. Restrictions with Respect to Use of Marks. Your use of any trademarks, service marks, service or trade names, logos, and other designations of AWS and its affiliates or licensors, hereinafter "Marks", shall strictly comply with the following provisions. You may use the Marks in conjunction with the display of the AWS Content and for the purpose of indicating that your Application was created using the Services. You may use the Marks only in the form in which we make them available to you and not in any manner that disparages Amazon, its affiliates or its licensors, or that otherwise dilutes any Mark. Other than your limited right to use the Marks as provided in this Agreement, we and our licensors retain all right, title, and interest in and to the Marks. You will not at any time now or in the future challenge or assist others to challenge the validity of the Marks, or attempt to register confusingly similar trademarks, trade names, service marks or logos. You agree to follow our the Trademark Use Guidelines posted on the Amazon Web Services™ Trademark Guidelines page (the "Trademark Guidelines") as those guidelines may change from time to time. The Trademark Guidelines are incorporated herein by reference. You must immediately discontinue use of any Mark as specified by us at any time in writing. We may modify any Marks provided to you at any time, and upon notice, you will use only the modified Marks and not the old Marks. Other than as specified in this Agreement, you may not use any trademark, service mark, trade name or other business identifier of Amazon or its affiliates unless you obtain Amazon's or its affiliates' prior written consent. The foregoing prohibition includes the use of "amazon," any other trademark of AWS, Amazon or its affiliates, or variations or misspellings of any of them, in the name of an Application or in a URL to the left of the top-level domain name (e.g., ".com", ".net", "co.uk", etc.)-for example, a URL such as "amazon.mydomain.com", "amaozn.com" or "amazonauctions.net" are expressly prohibited. Any use you make of the Marks shall inure to our benefit and you hereby irrevocably assign to us all right, title and interest in the same. In addition, you agree not to misrepresent or embellish the relationship between us and you, for example by implying that we support, sponsor, endorse, or contribute money to you or your business endeavors. If you are a large company and you want to use Amazon's services you must agree that: you may not use the word "amazon" in any domain name you control (even if you are a forestry company) you may not use any word Amazon choose to trademark in any domain you control (regardless of whether the name has a different meaning/purpose in your industry) from now until forever you will never dispute any claim Amazon makes on any word you or anybody else uses Seriously, who would sign such a thing?

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  • Guidance and Pricing for MSDN 2010

    - by John Alexander
    Sorry for the rather lengthy post here. I get asked this all the time so I decided to post it…Visual Studio 2010 editions will be available on April 12, 2010. Product Features Professional with MSDN Essentials Professional with MSDN Premium with MSDN Ultimate with MSDN Test Professional with MSDN Debugging and Diagnostics IntelliTrace (Historical Debugger)         Static Code Analysis       Code Metrics       Profiling       Debugger   Testing Tools Unit Testing   Code Coverage       Test Impact Analysis       Coded UI Test       Web Performance Testing         Load Testing1         Microsoft Test Manager 2010       Test Case Management2       Manual Test Execution       Fast-Forward for Manual Testing       Lab Management Configuration3       Integrated Development Environment Multiple Monitor Support   Multi-Targeting   One Click Web Deployment   JavaScript and jQuery Support   Extensible WPF-Based Environment Database Development Database Deployment       Database Change Management2       Database Unit Testing       Database Test Data Generation       Data Access   Development Platform Support Windows Development   Web Development   Office and SharePoint Development   Cloud Development   Customizable Development Experience   Architecture and Modeling Architecture Explorer         UML® 2.0 Compliant Diagrams (Activity, Use Case, Sequence, Class, Component)         Layer Diagram and Dependency Validation         Read-only diagrams (UML, Layer, DGML Graphs)         Lab Management Virtual environment setup & tear down3       Provision environment from template3       Checkpoint environment3       Team Foundation Server Version Control2   Work Item Tracking2   Build Automation2   Team Portal2   Reporting & Business Intelligence2   Agile Planning Workbook2   Microsoft Visual Studio Team Explorer 2010   Test Case Management2       MSDN Subscription – Software and Services for Production Use Windows Azure Platform 20 hrs/mo † 50 hrs/mo † 100 hrs/mo † 250 hrs/mo † n/a Microsoft Visual Studio Team Foundation Server 2010   Microsoft Visual Studio Team Foundation Server 2010 CAL   1 1 1 1 Microsoft Expression Studio 3       Microsoft Office Professional Plus 2010, Project Professional 2010, Visio Premium 2010 (following Office 2010 launch)       MSDN Subscription – Software for Development and Testing 4 Windows 7, Windows Server 2008 R2 and SQL Server 2008 Toolkits, Software Development Kits, Driver Development Kits Previous versions of Windows (client and server operation systems)   Previous versions of Microsoft SQL Server   Microsoft Office       Microsoft Dynamics       All other Servers       Windows Embedded operating systems       Teamprise         MSDN Subscription – Other Benefits Technical support incidents 0 2 4 4 2 Priority support in MSDN Forums Microsoft e-learning collections (typically 10 courses or 20 hours) 0 1 2 2 1 MSDN Flash newsletter MSDN Online Concierge MSDN Magazine   System Requirements View View View View View Buy from (MSRP) $799 $1,199 $5,469 $11,899 $2,169 Renew from (MSRP) $549 (upgrade) $799 $2,299 $3,799 $899 † Availability varies by country and subscription level.  Details available on the MSDN site 1. May require one or more Microsoft Visual Studio Load Test Virtual User Pack 2010 2. Requires Team Foundation Server and a Team Foundation Server CAL 3. Requires Microsoft Visual Studio Lab Management 2010 4. Per-user license allows unlimited installations and use for designing, developing, testing, and demonstrating applications. UML is a registered trademark of Object Management Group, Inc. Windows is either a registered trademark or trademark of Microsoft Corporation in the United States and/or other countries.

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  • What should JavaScript be renamed to [closed]

    - by Evan Plaice
    Background: I have been watching Douglas Crockford's series of presentation about JavaScript History (which I highly recommend) lately and a one comment of his specifically piqued my attention. The trademark for 'JavaScript' is owned by Oracle History: Due to time constraints at Netscape, the language was literally written in weeks and released in very buggy form. To make it seem more appealing, Netscape picked JavaScript to appeal to the massively growing population of Java developers. Unfortunately, this pissed off Sun and stirred up a lot of controversy between the two organizations. At some point, they came to an agreement whereby Netscape was given permission to use the name as long as Sun owned the trademark. Some people incorrectly refer to JavaScript as ECMAScript because that's where the standard for the language is registered but, aside from it's current marketing-driven label, it doesn't really have a name. Fast Forward Sun goes down only to be swallowed by Oracle, who has no reservations about litigating for profit, now owns the name. So... If Oracle decides and forces JavaScript to take on a new name, what name would best represent the language?

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  • IASA South East Florida Chapter February Meeting Report

    - by Rainer Habermann
    IASA South East Florida Chapter – February Meeting The topic for our February chapter meeting was Legal Issues in IT. Ms. Kennedy, Intellectual Property Attorney with an active litigation, trademark and copyright practice, presented: How Google, Wal-Mart & Apple Make their Millions – The Secret Ingredient: Intellectual Property This topic initiated great interest and the meeting room at Microsoft Ft. Lauderdale filled up to the last seat. Most Architects, Engineers, and MBA’s are not aware about Intellectual Property, Basic Patent, Trademark, or legal issues related to the web. After clarifying the basic definitions, Ms. Kennedy explained in detail how intellectual property issues could make or break a company. Members had the opportunity at the end of the presentation to ask questions, discuss legal problems, and several members shared their experiences related to Intellectual Property and other IT related issues. If you want to protect your ideas and intellectual property, you have to be aware of the implications and need to take the right steps in order to protect them. All Chapter Members agreed that it was an outstanding and lively presentation. Ms. Kennedy presented high quality content and made participants aware of legal IT issues. In the name of all chapter members, thank you Ms. Kennedy for taking the time for this amazing presentation and to Quent Herschelman for hosting the meeting. Rainer Habermann President IASA South East Florida Chapter

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  • Copyrights, Trademarks, Patents - Oh My!

    - by kennedysteve
    Good references when looking to see if someone really legally owns a name, copyright, etc. Copyrights = http://cocatalog.loc.gov/ Trademarks = http://tess2.uspto.gov Patents = http://patft.uspto.gov/ Website Address = http://www.internic.net/whois.html   Copyright Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.   Trademark A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.   Patents Set of exclusive rights to an inventor for a limited period of time in exchange for a public disclosure of an invention.   Website Address (aka "Domain name") The core portion of a website name (such as "apple.com" or "msn.com") of a web site, which is uniquely registered to an individual or company (also found to the right of the @ sign in an email address such as "[email protected]".)   Side note #1. LLC Company Names appear to be registered and maintained by state only. If you want to reserve a LLC name nation wide, you may have to register with each state.   Side note #2. The copyright office's FAQ has a question called "How do I protect my sighting of Elvis?". No kidding. Check it out. http://www.

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  • Possible Encoding Issue Reading HTM File using .Net Streamreader

    - by Brian Boatright
    I have an HTML file with a ® (copyright) and ™ (trademark) symbol in the text. These are just two among many other symbols. When I read the html file into a literal control it converts the symbols to something else. The copyright symbol converts to ? (open box in ff) The trademark symbol converts to ™ (as expected) If (System.IO.File.Exists(FullName)) Then Dim StreamReader1 As New System.IO.StreamReader(FullName) Contents.Text = StreamReader1.ReadToEnd() StreamReader1.Close() End If Contents is a <asp:Literal runat="server" ID="Contents"></asp:Literal> and it's the only control in the aspx page. From some research I think this is related to the encoding but I don't know why it would change how to fix it. The html file does not contain any Content-Type settings in the head section.

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