[Incubator] Re: [GRASS-PSC] Definition of a Project

[Brad Douglas]

On Sun, 2007-03-11 at 20:04 -0700, Michael Barton wrote:
> Out of curiosity, is there anything beyond open source etiquette to prevent
> someone less well-intentioned from creating a new GIS (open source or
> commercial) and naming it GRASS II (or something like this) to capitalize on
> GRASS's reputation?

There is little to stop anyone from using a similar (or GRASS for that
matter) name.  All we have is prior use, which usually has little effect
on trademark law.

IMO, GRASS should trademarked.  A trademark is not guarantee, either.
It must also be used properly to yield maximum legal protection.  This
information came from a discussion with a patent attorney.  It's a
little outside his field, so the information may not be 100% correct.
I'm not privy how this works internationally, either...only United
States law.

What is OSGEO's position about copyright/trademark law?

If deemed needed, I could file on behalf of GRASS in the US.  I could
absorb the $50 filing fee, but there is a larger fee (~$325 per
"classification") I cannot absorb when "classes" are granted.  This
generally grants a trademark for a period of 10 years.


-- 
Brad Douglas <rez touchofmadness com>                    KB8UYR/6
Address: 37.493,-121.924 / WGS84    National Map Corps #TNMC-3785