name for new project and possible legal issues

[Giovanni Azua]

hi,

Are there any specific lexical rules to name a new Open Source project to
avoid infringement or clashing with an existing product name e.g. suppose
there existed a commercial product called "JScheduler", can I then be
allowed to name my new OS say "PerfectJScheduler"?

Would this "the new project name can not have an existing product name as
substring" kind of rule exist and be enforced?

TIA,
Best regards,
Giovanni

 

[Tom Anderson]

This is a legal question not a question on Java. You might want to ask
that question in a newsgroup that contains more lawyers. Also the answer
might depend a bit on where you are from.

This is good advice.

And if the existing project is in the same category as your own product.
(Both os, or one is library for scheduling jobs while the other is a
calendar app)

This is true. My understanding is that UK law in this area is about the
idea of 'passing off', ie could the chosen name lead to customers
confusing your product and the other guy's, to the effect that they buy
yours instead of his, or that when they hear about bugs in yours, they
think there's something wrong with his? Thus, the tests are (a) are the
products in the same market (Christian's scheduling vs calendar example)
and (b) are the names (and logos etc) similar?

But you should definitely ask someone who knows more about it if you're
worried.

tom

 

[Roedy Green]

Are there any specific lexical rules to name a new Open Source project to
avoid infringement or clashing with an existing product name e.g. suppose
there existed a commercial product called "JScheduler", can I then be
allowed to name my new OS say "PerfectJScheduler"?

Would this "the new project name can not have an existing product name as
substring" kind of rule exist and be enforced?

That's a question for a lawyer, and the answer will differ for each
country.

The best names won't be confused with something else, and will be
unique within Google. Calling your product Apple Pie will drive
people insane trying to find it in Google in amongst the recipe and
Apple products.

A very obscure English word, or one made up I think is best, e.g.
Documentor, IntelliJ, Schematron, WireShark, Mobea, Mythdora,
PostScript, Kindle, StarOffice, Waterlogic, YouTube.

Don't pick one that is hard to remember how to spell.
--
Roedy Green Canadian Mind Products
http://mindprod.com

"Learning is not compulsory... neither is survival."
~ Dr. W. (William) Edwards Deming (born: 1900-10-14 died: 1993-12-20 at age: 93))