OSI enforcement? (Was Re: Microsoft use of the term "Open Source")
rick at linuxmafia.com
Wed Jan 9 10:30:52 UTC 2008
Quoting Romain Berrendonner (romain at berrendonner.org):
> I don't know who monitoring what, but if you want to have a look at the
> trademarks registered in France and containing the words "Open Source"
> in class 42, have a look at the site below:
> As far as I can see, there are 23 trademarks *containing* "Open Source".
> This would probably mean that the sole "Open Source" words would not be
> distinctive enough to make a valid registered trademark of their own.
My French is good enough to enjoy old Simenon detective novels, but I
don't trust it for reading legal/regulatory Web sites. However, at
first glance, it looks to me as if not one of those 23 is a
certification mark; they all appear to concern goods and services.
Anyway, I'm not particularly familiar with French trademark law,
so I can't say of a certainty that your notion of "distinctiveness" is
out of step with the Institut National de la PropriÃ©tÃ© Industrielle's
criteria, but I rather suspect it is.
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