copyright vs trademark.

yes your right in that the branding concepts I was lumping under copyright.  Really 
the apache license covers the copyright so that's golden.

the branding (e.g. xsp) is under the trademark concept.  As I said there's nothing on 
the website stating trademark infringement explictly like you see on major vendors, 
e.g. MS, Sun, IBM, etc.

However under trademark law there is the concept of common law trademark where you 
don't explicitly trademark anything (something I learned from my lawyer family in the 
last 15 minutes.)  Anyway someone needs to check when trilog... started advertising 
their form of XSP.  If it was after cocoon's notification (publication to the website 
and news, etc.) then I'd think trilog and co.  are about to see merde hit the fan.  
assuming apache and co. wanted to do anything about it.  This is under trademark 
infringement.  Personally I'd do something, if nothing else to write a cease and 
desist/angry email.

And then if someone sued them or slapped an injunction on them we could see if they 
were usign the cocoon code and if so then they're not be abiding by the apache license 
then they're in copyright infringement.

oops.  either way someone should say something to apache, e.g. look at the 
copyright/trademark issues if any.  I myself wouldn't know who to talk to..

MD

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