I vote in favor of keeping this list where it is, with a possible name change if the trademark issue warrants it. I do not get any appreciable amount of spam through Yahoo except on addresses I have given to other people.
As others have noted, there are reasons to believe the trademark is not defendable. A search on Google for: openhealth -openhealth.com returns 43,700 results while a search for: "openhealth.com" returns 814 results (mostly in email addresses). A search for: link:openhealth.com returns 27 results. As a result, it would seem a large number of people, and the clear majority, are using the phrase in an independent context. Also, the people behind the phrase "open source" looked into trademarking that and were advised it would not really be defendable (http://gnu.gnusoft.net/philosophy/free-software-for-freedom.html): The advocates of "open source software" tried to make it a trademark, saying this would enable them to prevent misuse. This initiative was later dropped, the term being too descriptive to qualify as a trademark... Of course, IANAL and the other usual disclaimers apply here. -- Peter. --- In openhealth@yahoogroups.com, "Bhaskar, KS" <[EMAIL PROTECTED]> wrote: > > I am forwarding an e-mail from Brian Bray of Minoru Development, where > he evidently expects this list to change its name. I am not a lawyer - > I do not know whether the name of a mailing list can conflict with a > trademark, but I would like to bring his message to the attention of the > members of the list openhealth@yahoogroups.com in order for you to > express your opinions. > > Please, no flames - let's keep the discussion moderate and professional. > Thank you very much. > > Regards > -- Bhaskar > > -------- Forwarded Message -------- > > From: Brian Bray <[EMAIL PROTECTED]> > > Reply-To: [EMAIL PROTECTED] > > To: [EMAIL PROTECTED], [EMAIL PROTECTED] > > Subject: Why are you here? (was Re: Hello list) > > Date: Sun, 12 Mar 2006 21:01:17 -0600 > > > > [snip!] Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/openhealth/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/