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Authored by: Anonymous on Monday, May 13 2013 @ 03:17 PM EDT |
...is actually the direct translation of the process of nullification, which
isn5called nullification over here. In German this is called "die Wortmarke
löschen": to delete the registered word mark.[ Reply to This | # ]
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Authored by: nsomos on Monday, May 13 2013 @ 03:24 PM EDT |
Please post em in this thread. A summary in the title may be helpful. [ Reply to This | # ]
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Authored by: lnuss on Monday, May 13 2013 @ 04:24 PM EDT |
...
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Larry N.[ Reply to This | # ]
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- Monsanto Wins in Unanimous Decision - Authored by: Anonymous on Monday, May 13 2013 @ 06:47 PM EDT
- Justice department secretly spying on AP - Authored by: Gringo_ on Monday, May 13 2013 @ 07:57 PM EDT
- Did Internet Sales Tax Backers Bribe Congress? - Authored by: Anonymous on Monday, May 13 2013 @ 10:40 PM EDT
- International Space Station switching to Linux ... - Authored by: Anonymous on Tuesday, May 14 2013 @ 12:27 AM EDT
- Is the US appeals court about to throw out software patents? - Authored by: TiddlyPom on Tuesday, May 14 2013 @ 04:08 AM EDT
- Catholics and the Openness Revolution - Authored by: Anonymous on Tuesday, May 14 2013 @ 04:41 AM EDT
- A Saudi Arabia Telecom's Surveillance Pitch - Authored by: Anonymous on Tuesday, May 14 2013 @ 07:22 AM EDT
- The Reg takes Sundar Pichai's WAY out of context - Authored by: ukjaybrat on Tuesday, May 14 2013 @ 07:55 AM EDT
- Prenda Law - Here they go again - Authored by: complex_number on Tuesday, May 14 2013 @ 11:24 AM EDT
- MS reads all your skype according to Heise - Authored by: Anonymous on Tuesday, May 14 2013 @ 12:00 PM EDT
- So This Is How It Begins: Guy Refuses to Stop Drone-Spying on Seattle Woman - Authored by: Anonymous on Tuesday, May 14 2013 @ 12:05 PM EDT
- Executive Order initiates Open Data requirement for US government - Authored by: Anonymous on Tuesday, May 14 2013 @ 12:56 PM EDT
- Ok, this is clearly a microsoft plot... - Authored by: Anonymous on Tuesday, May 14 2013 @ 04:45 PM EDT
- MS insists W8 customer satisfaction is strong - Authored by: Anonymous on Tuesday, May 14 2013 @ 09:46 PM EDT
- So could I log on to GNOME or XFCE or anything via the login manager? New Ubuntu say No? - Authored by: SilverWave on Wednesday, May 15 2013 @ 04:50 AM EDT
- Ubuntu goes the same way as SuSE - Authored by: Anonymous on Wednesday, May 15 2013 @ 09:59 AM EDT
- Why? - Authored by: Anonymous on Wednesday, May 15 2013 @ 12:26 PM EDT
- Why? - Authored by: Anonymous on Wednesday, May 15 2013 @ 11:36 PM EDT
- ! Happy Anniversary Groklaw - 10 Years of Awesomw ! - Authored by: Anonymous on Wednesday, May 15 2013 @ 08:07 AM EDT
- Windows 8 fiasco turns Windows evangelists against Ballmer - Authored by: Anonymous on Wednesday, May 15 2013 @ 10:22 AM EDT
- Windows 8, final conclusions... - Authored by: Gringo_ on Wednesday, May 15 2013 @ 10:57 AM EDT
- Microsoft ignores youtubes terms of service - Authored by: Anonymous on Wednesday, May 15 2013 @ 05:52 PM EDT
- Google to Microsoft: pull YouTube app - Authored by: Anonymous on Wednesday, May 15 2013 @ 07:02 PM EDT
- Microsoft an enabler in piracy? - Authored by: SpaceLifeForm on Wednesday, May 15 2013 @ 09:22 PM EDT
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Authored by: lnuss on Monday, May 13 2013 @ 04:25 PM EDT |
...
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Larry N.[ Reply to This | # ]
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- Bowman vs Mosanto - Authored by: Anonymous on Monday, May 13 2013 @ 06:10 PM EDT
- French Apple Tax - Authored by: ailuromancy on Tuesday, May 14 2013 @ 06:37 AM EDT
- Microsoft Patents Cartooning your Face - Authored by: Anonymous on Tuesday, May 14 2013 @ 07:39 AM EDT
- Medical face recognition - Authored by: Anonymous on Tuesday, May 14 2013 @ 07:48 AM EDT
- Copyright Trolls Threaten to Call Neighbors of Accused Porn Pirates - Authored by: Anonymous on Tuesday, May 14 2013 @ 11:51 AM EDT
- German parliament press statement on software patents hearing: Software Patents Under Criticism - Authored by: Anonymous on Tuesday, May 14 2013 @ 12:17 PM EDT
- Apple aims to add Galaxy S4 to patent lawsuit against Samsung - Authored by: Anonymous on Tuesday, May 14 2013 @ 12:31 PM EDT
- Nintendo wins in Motiva patent dispute - Authored by: DannyB on Tuesday, May 14 2013 @ 01:38 PM EDT
- Lodsys patent rampage continues as Activision and Capcom get sued - Authored by: DannyB on Tuesday, May 14 2013 @ 02:11 PM EDT
- Google Loses in Germany - Authored by: MDT on Tuesday, May 14 2013 @ 07:06 PM EDT
- In the AP Surveillance case, what is the real scandal? - Authored by: Anonymous on Wednesday, May 15 2013 @ 03:53 AM EDT
- They claim - Authored by: Anonymous on Wednesday, May 15 2013 @ 06:38 AM EDT
- Hear Ye, Future Deep Throats: This Is How to Leak to the Press - Authored by: Winter on Wednesday, May 15 2013 @ 04:42 AM EDT
- Outlook.com to let users chat with Gmail users via IM - Authored by: Anonymous on Wednesday, May 15 2013 @ 09:46 AM EDT
- Patentable Subject Matter – New Notices From Canadian Patent Office, Anticipated Issues for ... - Authored by: Anonymous on Wednesday, May 15 2013 @ 02:54 PM EDT
- Angelina Jolie paid the Myriad Tax - Authored by: Anonymous on Wednesday, May 15 2013 @ 08:23 PM EDT
- "Sue Do Nym" dirge - Authored by: Anonymous on Wednesday, May 15 2013 @ 10:49 PM EDT
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Authored by: lnuss on Monday, May 13 2013 @ 04:26 PM EDT |
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Larry N.[ Reply to This | # ]
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Authored by: rsteinmetz70112 on Monday, May 13 2013 @ 04:37 PM EDT |
According to the article a fee of 300 Euros must be paid by someone.
"A fee of EUR 300 must be paid within three months from the filing of the
request."
---
Rsteinmetz - IANAL therefore my opinions are illegal.
"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk
[ Reply to This | # ]
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Authored by: Anonymous on Monday, May 13 2013 @ 05:10 PM EDT |
Perhaps someone who knows better, or who knows exactly how to look for the
authoritative information could supply the information to the rest of us.
Specifically, under German trademark law, do non-Germans have any right or
standing to complain about a German trademark? If so, then good. People from
outside of Germany can send opinions and evidence to the German trademark office
and possibly be listened to.
But if according to German law any "valid" complaints must only come
from within Germany then the situation is clearly a different one. If that is
the case, then all efforts need to be directed to supporting any German
companies and organizations which would take the lead.
I do not have any idea what the answer to this question is, but it obviously
needs a definitive answer.
In a worst-case scenario, one could be looking at a rerun what happened in the
Netherlands, in the case about whether "Windows" was or was not a
valid trademark and whether "Lindows" was or was not an attempt to
encroach. A similar case in the US had recently run into snags and had been
speedily abandoned by the plaintiff, which then took its complaint overseas. In
the Netherlands, opinions emanating from the US expressing the fact that
"windows" has lots of generic meanings and established generic usage
in English did not seem to matter to the court. The language of the country is
not English.[ Reply to This | # ]
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Authored by: OpenSourceFTW on Monday, May 13 2013 @ 05:42 PM EDT |
http://www.haskell.org/haske
llwiki/Hackathon
- Haskel has been holding an event called Hac : Haskel
Hackathon since at least 2006, including one in Freiburg, Germany in
2007.
Any more to contribute? Particularly German examples?[ Reply to This | # ]
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Authored by: Anonymous on Monday, May 13 2013 @ 06:55 PM EDT |
but the word "Apple" had been in use for centuries before it got
trademarked.[ Reply to This | # ]
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Authored by: hardmath on Monday, May 13 2013 @ 08:50 PM EDT |
The operative issue is for what Hackathon is purposed to be
a trademark.
Here's what I get from the German website PJ
links to, via Google
Translate:
Class (es) Nice 25:
Clothing, footwear,
headgear
Class (es) Nice 35:
Advertising agency services, radio and
television
advertising, business information, market and opinion
research,
public relations, online advertising on a computer
network, outdoor
advertising, publication of printed matter
(including in electronic form), for
advertising purposes,
sponsors, sponsorship in the form of advertising,
advertising by mail , marketing, recruitment, consultancy in
human resource
issues
Class (es) Nice 38:
Providing access to information on the Internet,
providing
Internet chatrooms, electronic exchange of messages via chat
lines,
chat rooms and Internet forums
Class (es) Nice 41:
Presentation of live
events, organization and implementation
of cultural and sporting events;
entertainment
I would have no problem with the word being used
as a
trademark on running shoes, for example, but it appears the
intended use
is much broader and likely to create confusion.
--- Rosser's trick:
"For every proof of me, there is a shorter proof of my negation". [ Reply to This | # ]
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Authored by: kawabago on Monday, May 13 2013 @ 10:38 PM EDT |
A similar kind of word around Baltimore. The restaurant owner
started sending cease and desist letters to any business
displaying the word Hon anywhere. The result was immediate
and lethal for the restaurant, citizens organized a boycott
of the restaurant that was totally effective. The owner had
to relinquish the mark, make a huge apology and do a lot of
community service to rebuild the restaurants reputation. Just
a little warning to that business owner in Germany. Careful
what you wish for...[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, May 14 2013 @ 12:43 AM EDT |
Thousands of years and it's now trademarked.[ Reply to This | # ]
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Authored by: cricketjeff on Tuesday, May 14 2013 @ 05:44 AM EDT |
All Trademark and Patent applications do not require the applicant to do a due
diligence search and to disclose to the relevant office all the prior art they
discover. Failure to do so should be interpreted as attempted fraud. This would
shift the balance of work from overworked and under-qualified patent clerks and
back onto the inventor who stands to benefit from the grant.
A cast iron opposition to the grant would be to show that on the date of
application a reasonable search found relevant but not disclosed art.
---
There is nothing in life that doesn't look better after a good cup of tea.[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, May 14 2013 @ 07:46 AM EDT |
I can see someone printing tee shirts for a Hackathon, and running into a
problem if the trademark is not deleted.[ Reply to This | # ]
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Authored by: Tkilgore on Tuesday, May 14 2013 @ 05:39 PM EDT |
I was the one who raised the question of standing to challenge the trademark
application, a few posts above.
To me, the answers do not seem to be universally pleasant and hope-inspiring.
Especially, one of them seems to be rather pessimistic. It says, essentially,
that any challenge has to be mounted from within Germany, and it will take an
attorney to draft the challenge. The post seems also somewhat pessimistic about
the success of a "cancellation on the grounds of nullity" challenge,
claiming that the mere previous use of a word is not considered sufficient
ground for the cancellation.
Explicit disclaimer: I have no easy way to do independent checking of what that
post says. I obviously can not vouch for its accuracy. Nevertheless, it seems to
me to be valid. It also says that the poster will look more into the matter.
Under the circumstances, it occurs to me that there is another way to deal with
a thing like this. Fight fire with fire. Something like the following:
1. Look for a synonym for "hackathon." The names "hackmeet"
and "hackfest" come immediately to mind, for example.
2. A trusted nonprofit with standing in Germany (examples could include FSFE or
any national organization for Linux advocacy or some adjunct of OSI) applies for
copyright and trademark on the substitute word, making explicit that
organizations (and companies, too, why not, because that is the right and
consistent and "nice" way to act) have the right to use the
trademarked name under certain broad but specified conditions which do not
include the transfer of money. For example, if the law requires it for the
purpose of defending the trademark, then permission has to be asked but will be
given. Or something like that. An attorney with knowledge of German copyright
law needs to be consulted about such matters, obviously. The rights extended
should explicitly include such things as the use of a logo, the printing of
programs and posters, and the distribution or sale to participants of such
things as T-shirts. Probably, such things would require for fine print to be
present on the programs, posters, T-shirts and whatever, explaining that whose
trademark it is, perhaps with the word "thanks." Donations from the
conference, meet, or whatever, to the "parent organization" welcomed
but not compulsory. As I said, an attorney would need to be consulted.
It appears to me that (2) just above is probably a practical necessity.
Otherwise, someone else can trademark whatever it is, and one is back to square
one.
3. (optional, but it would obviously strengthen things) Simultaneous
applications in other countries in Europe and in the US.
4. Publicity. As much publicity as possible, which explains the reasons for all
of the above.
The only fly in the ointment that I can see is that some people might be
suspicious about which organization(s) is(are) doing the filing. I would see
something like this as a broad and inclusive attempt to serve the broad
interests of freedom, but some might not agree. So. clearly, one has to be very
careful about which organization it is, and the intention of the organization in
doing this should be made crystal clear. Groundwork should be carefully done, in
that the prior agreement of other, affected organizations ought to be sought and
obtained first. As a specific example, if the organization which does the filing
is not haskell.org, then haskell.org ought to be consulted. That, because it is
mentioned above in a post that haskell.org has been holding
"hackathons" in Europe for some time back. Also, it goes without
saying that if it is FSFE which does the filing, then the executive board of OSI
ought to be approached and asked to give its nod of approval, and if it is OSI
then FSFE should be similarly approached. Maximum publicity about the current,
somewhat undesirable state of affairs ought to be very helpful in getting
something done, too.[ Reply to This | # ]
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Authored by: Anonymous on Wednesday, May 15 2013 @ 08:34 AM EDT |
One acronym ;-) [ Reply to This | # ]
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Authored by: Anonymous on Wednesday, May 15 2013 @ 08:44 AM EDT |
One acronym [ Reply to This | # ]
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Authored by: albert on Wednesday, May 15 2013 @ 11:30 AM EDT |
searches in Germany. The German court is saying, in effect, that their people
are too stupid to realize that auto-complete is computer generated data, that
may or may not be garbage. If 1 million people search for "Willie
Weber"* and "troll", does that make Willie a troll? Most likely
they want to find out if he is a troll.
Do German courts think everything on the Dreaded Internet is true?
This is extreme liberal-socialist hand-holding. It reminds me of all those
idiots in the US who think the Constitution guarantees them the right not to be
offended by legal free speech.
Apparently, our level of stupidity is exceeded only by our level of stupidity.
"Everybody's stupid!" - mantra of "This Is Hell" radio show
(www.thisishell.net)
*It's a fictitious name. 'Weber' is the second most common surname in Germany.
In a fit of unusual restraint, I did not choose the number one name: 'Muller'
{:-)>[ Reply to This | # ]
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Authored by: Anonymous on Wednesday, May 15 2013 @ 08:27 PM EDT |
A. Microsoft is violating the DMCA for
distributing an application that bypasses
restriction controls?
B. Microsoft is liable of $250k per copy
its induced it's users to illegally copy?
(Including the copy of the copies?)
C. Microsoft is abusing its desktop
monopoly to advance its position in
another market? (Windows 8 being the "
same" on desktops, tablets and phones)
D. Violating it's contractual obligations
spelled out in the TOS? (It has entered
into by utilizing the APIs, click-
through?)
E. Displays why Microsoft cannot be
trusted.[ Reply to This | # ]
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