Trademark Law and Free Software


Laurel L. Russwurm's Free Culture Blog

Even though I write about Intellectual Property Law a fair bit, the one thing I almost never talk about is Trademark Law, because Trademark is the one branch of IP that seems to be almost reasonable.

The idea is that when an entity adopts a name for itself or its product, it wants exclusivity. The justification for this is that the entity will be doing the hard work of building a reputation, and it wants to prevent any other entity from either taking unfair advantage of their good name by getting business through name confusion, and avoid being associated with (and possibly sullied by) projects, products or organizations it neither endorses or is affiliated with.

Groupon vs Gnome

Groupon had this idea for a POS tablet it chose to name “gnome.”

Understandably, the GNOME Foundation was not pleased.

To use the GNOME name for a proprietary software product that is…

View original post 1,048 more words

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