Habari - How Do You Control the Name?

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phoenix

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Jan 9, 2007, 6:02:23 PM1/9/07
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I know this has been a problem with Digg and WordPress, so I am going
to ask now that it is made clear what control the team has over the
name. Is it/will it be a Trademark? Will sites using the name be shut
down? Or will they be asked to include a disclaimer that they are
allowed to use the name, but that the trademark is still owned by you
guys?

Owen Winkler

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Jan 10, 2007, 10:23:03 AM1/10/07
to habar...@googlegroups.com

I don't know how this jives with the APL license, but I don't intend
to sue anyone for their use of Habari. So if someone wanted to make a
site "habaritraining.com" or "habarivideos.com" or "habarithemes.com",
I think that's great. As far as "habariunderagesexpics.com" goes, I
really don't think we have much control over that even within the law,
do you?

The only thing I would be wary of is someone attempting to appropriate
the Habari name for something else, and we don't need to register the
trademark officially in order to have the precedence needed to retain
it. If a time arose that it became necessary to defend the name, it
could still be registered.

I'm generally not impressed by the way these other names attempt to
"protect" their name. Maybe that's foolish, but what seems foolish to
me is the backlash it causes over virtually a non-issue.

Anyway, that's only my 2 cents.

Owen

Firas Durri

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Jan 10, 2007, 10:29:28 AM1/10/07
to habar...@googlegroups.com
On 1/10/07, Owen Winkler <epi...@gmail.com> wrote:
>

> I'm generally not impressed by the way these other names attempt to
> "protect" their name. Maybe that's foolish, but what seems foolish to
> me is the backlash it causes over virtually a non-issue.
>
> Anyway, that's only my 2 cents.
>
> Owen

Owen,

Thinking an year or so ahead, I imagine there will be a formalized
nonprofit around Habari? I'm pretty sure you guys will end up wanting
to trademark it, but I agree it's quite early yet.

The sad thing about trademark is that unlike copyright, you *have* to
pursue unauthorized use to retain it.

--
Firas Durri | http://firasd.org

Scott Merrill

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Jan 10, 2007, 10:33:43 AM1/10/07
to habar...@googlegroups.com
Firas Durri wrote:
> Thinking an year or so ahead, I imagine there will be a formalized
> nonprofit around Habari? I'm pretty sure you guys will end up wanting
> to trademark it, but I agree it's quite early yet.

In an ideal world, we'll get accepted to the Apache Incubator,
ultimately graduating to a full fledged Apache Proejct; and then get all
the legal protections and benefits that the Apache Software Foundation
offers.

This is a long, and challenging road.

--
ski...@skippy.net | http://skippy.net/

gpg --keyserver pgp.mit.edu --recv-keys 9CFA4B35
506C F8BB 17AE 8A05 0B49 3544 476A 7DEC 9CFA 4B35

Owen Winkler

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Jan 10, 2007, 10:38:40 AM1/10/07
to habar...@googlegroups.com
On 1/10/07, Firas Durri <fir...@gmail.com> wrote:
>
> Thinking an year or so ahead, I imagine there will be a formalized
> nonprofit around Habari? I'm pretty sure you guys will end up wanting
> to trademark it, but I agree it's quite early yet.
>
> The sad thing about trademark is that unlike copyright, you *have* to
> pursue unauthorized use to retain it.

If you could find relevant info on uspto.gov that confirms all this,
I'd like to read it.

Still, I'd be inclined to authorize all use except as noted in what I
outlined. Saves the headache and opens the community. Maybe that's
unwise. I am not a lawyer.

Owen

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