Open Stack

Ah ok, I see "Grizzly" now as an example?  I can't provide legal advice to the Foundation or this listserve, but there are a lot of different elements in evaluating likelihood of confusion (which is just an element of an infringement).  To address the issue raised below, there may be areas where two completely unrelated industries end up have overlapping business which can cause infringement and issues (see e.g., Apple Inc. and Apple Records).  So a trademark search on a product is usually relatively thorough exercise involving an analysis of both state and federal trademark searches in all industries and trademark classes as well as international, web, domain name etc. uses.  Likely one of the member companies can do the search, but we could not give any opinion whatsoever about the validity or usability of the proposed mark.  That would have to come from Foundation counsel.

Richard or others may have better ideas, but you could also eliminate the need for a name and just use "OpenStack 1.0" or "OpenStack X"

-----Original Message-----
From: Richard Fontana [mailto:rfontana at redhat.com] 
Sent: Thursday, May 02, 2013 12:18 PM
To: Brad Haque
Cc: Thierry Carrez; legal-discuss at lists.openstack.org
Subject: Re: [legal-discuss] Guidelines for naming new projects

On Thu, May 02, 2013 at 07:02:13PM +0000, Brad Haque wrote:
> Are you using the name of the project in commerce?  Or is it solely for internal purposes? 

The various OpenStack project names are used publicly.




 
> 
> -----Original Message-----
> From: Thierry Carrez [mailto:thierry at openstack.org]
> Sent: Thursday, May 02, 2013 9:05 AM
> To: legal-discuss at lists.openstack.org
> Subject: Re: [legal-discuss] Guidelines for naming new projects
> 
> Dolph Mathews wrote:
> > I don't have a legal answer because IANAL, but starting with a US 
> > trademark search is an easy first step:
> > 
> >   
> > http://tess2.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk
> 
> 
> Someone (Jonathan ?) mentioned that trademarked stuff is an issue only where there is /some/ potential for confusion, like you're in the same kind of industry... i.e. a networking company called Lemon networks can't really sue a restaurant called "Lemon" over trademark grounds.
> Could anyone confirm that ?
> 
> --
> Thierry
> 
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