Is the word "Python" copyrighted/trademarked?
Michael Stenner
mstenner at phy.duke.edu
Tue Oct 1 22:47:00 EDT 2002
On Wed, Oct 02, 2002 at 02:10:19AM +0000, djw wrote:
> <snip>
> >
> > For example, "Windows" is trademarked by Microsoft. That is in more
> > common usage than "python" and also refers to a common object.
> >
> > -Michael
> >
> > (Actually, windows isn't a great example because "window" IS common
> > also in the "close that popup window" sense. Just ignore that here.
> > The "there's a draft" sense is not problematic.)
>
> I thought that MS just lost a court case against Lindows over the use of
> their trademarked term "Windows".
Yes, that's why in included this postscript.
> The judge basically said you cannot (TM) a word that is in such
> common usage and merely describes its main feature.
That's correct. My point was that it's not because "window" is a
common word for "hole in the wall" that caused MS trouble. It the
common usage as "a chunk of screen real estate devoted to a software
application" that got them into trouble.
> A bit like Ford trademarking "car", I suppose. Wouldn't this
> apply to "Python" as well?
I agree with the first part. Ford couldn't trademark "car" because
the word is used commonly and generally _in_their_market_. This is
not true with python. I'd be willing to bet that Ford _has_
trademarked "Mustang", for example. The fact that it commonly refers
to an animal is not a problem. If they tried to trademark "muscle
car" (as in "buy the new 2003 Ford Muscle Car"), they might have more
trouble.
-Michael
--
Michael Stenner Office Phone: 919-660-2513
Duke University, Dept. of Physics mstenner at phy.duke.edu
Box 90305, Durham N.C. 27708-0305
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