Lit Review: Common Trademark Issues
Today’s reading was chapter 5 from the SFLC FOSS Primer, “Common Trademark Issues”.
The Good:
- Explains why FOSS developers should look for trademarks before starting, but not patents
- Steps through the trademark registration process, showing what is needed to successfully register
- Uses real world examples of genericide (“Aspirin”, “grep”) to help readers who are familiar with the terms
The Bad:
- Cease-and-Desist letters
- Attempting to remove common-use mistakes (i.e. “to Google”) through strongarm campaigns
- Legal and marketing are at odds with each other - the easier it is to trademark, the more difficult it is to get consumers to remember it
The Questions:
- What can be done to combat genericide?
- What kind of legal issues can happen if one doesn’t stop using a trademarked term against the owners’ wishes?
- Is it possible to “hijack” an abandoned trademark?
The Rating: 6/8 Stallman Beards