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Trademark dilution

Trademark dilution

Posted Jan 4, 2007 17:28 UTC (Thu) by copsewood (subscriber, #199)
In reply to: Trademarking the snake by cventers
Parent article: Trademarking the snake

For some purposes, dilution to a name becoming a generic
term might be what is actively wanted. This doesn't seem to be a problem for emacs developers AFAIK. For other purposes, dilution has worked against specific brand recognition or quality mark objectives. The "open source" term could not be registered as a mark, and so has been hijacked for purposes not corresponding to the definition of open source proposed by those promoting use of this term. Some of those who prefer to use the term "free software" may be pleased about this - but the term "free software" is equally capable of misrepresentation, which benefits neither viewpoint.

The question to be asked is do you want to spend a lot of time and money promoting a term which might benefit those using it misleadingly in connection with a purpose or product the term wasn't intended for ? If this investment and risk is real for you, then registering and defending a mark is a reasonable course of action.


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