I see and thanks, I did not figure out they had had it since 1990.
So the next question is do we need to figure out a new name, one of the
reasons all the projects are going through
this process is to define the process.
You are correct that given out web search ranking that they are probably
already aware of us and have not complained.
Jody
Rich Steele wrote:
Jody,
I would not send the proposed letter, as it might invite more trouble
than you want. I would hate to see them respond with a cease and desist
letter threatening legal action if the geotools project continued using
the name. While their trademark registration (active since 1990) is in
the area of "Software for earth sciences", it appears as though their
software is more directed at geophysicists than it is at
geographers/cartographers. So they may not ever cause you an issue.
However, if you challenge them in a letter by saying things like "the
project has existed some time before the creation of your division" and
asking them to confirm the project's existence and that no conflict
exists, they will likely respond defensively claiming broad rights in
the mark.
-Rich
-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
Sent: Sunday, March 05, 2006 12:33 PM
To: [EMAIL PROTECTED]; [email protected]
Subject: [OSGeo-Discuss] Fwd: How to have trouble with an IP check
before looking at code
I got a problem: http://www.geotools.com/
Of course I will need to ask the list if this is indeed a problem.
As it is I am would like to try an approach the company in question, and
have
included a sample letter and would not mind assistence in phrasing
things nicely.
Jody
Here is a sample letter:
----------------------------------
Good Morning Geotools,
I am a member of a long standing open source project of the name
GeoTools. The
project has existed some time before the creation of your division and I
would
like to confirm that you are aware of us and check that we are not in
conflict.
I only learned of Geotools Corporation accidently through a web search.
I am
used to small projects and conferences sharing a name with us on
occasion, this
is the first company I have run into with an overlap.
I am approaching you at this time as I do some background research for
an IP
check with respect to the newly formed Open Source Geospaital
Foundation.
For more information:
- http://geotools.org/
- https://www.osgeo.org/
We are an international organization that meets via IRC. My first choice
would
be to ask you or your repsentative to attend a meeting. Failing that we
will
need to ask for someone in your timezone to contact you.
To attend an IRC meeting please follow the instructions on this page:
- http://www.geotools.org/display/GEOT/3.1+Internet+Relay+Chat
Sincerly,
Jody Garnett
GeoTools Project Management Committe
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