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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