Is inherited class a derivative work?

Rod Dixon, J.D., LL.M. rdixon84 at
Mon Oct 22 01:20:29 UTC 2001

The answer is no. You might recall that trademark law does not grant the TM owner the right to control all use of the mark. If the use is outside the scope of TM usage (namely, the identification of source), it is unlikely that the use invokes in TM rights at all...particularly under the facts raised in the question, here.


-----Original Message-----
    From: "Angelo Schneider" <angelo.schneider at>
    Sent: 10/19/01 9:33:08 AM
    Cc: "license-discuss at" <license-discuss at>
    Subject: Re: Is inherited class a derivative work?
    Hi all!
    Rob Myers wrote:
    > Out of curiosity could function/method names be trademarked to regulate
    > their calling? :-)
    In europe not.
    APIs and even data base schemata (what you get after executing a
    sequence of SQL create table statements) are explicitly noted as: not
    copyright able, not patent able, not trademark able.
    So a program written relying on an API never touches even any IP right
    with the original work yielding that API (well linking or includign the
    original work (in-)to the distribution brings us back to the topic).
    > - Rob.
    Angelo Schneider         OOAD/UML         Angelo.Schneider at
    Putlitzstr. 24       Patterns/FrameWorks          Fon: +49 721 9812465
    76137 Karlsruhe           C++/JAVA                Fax: +49 721 9812467
    license-discuss archive is at

license-discuss archive is at

More information about the License-discuss mailing list