PHP trademarked?

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  • Google Mike

    PHP trademarked?

    I'm about to come out in a few months with a new company and a new
    product that is PHP-based. I'm working on a user guide and programming
    guide that comes out with it. At the bottom on the first page, I want
    it to say:

    <snip>
    All terms mentioned in this book that are known to be trademarks or
    service marks have been appropriately italicized, with the exception
    of ProductX and CompanyX. CompanyX cannot attest to the accuracy of
    this information. Use of a term in this book should not be regarded as
    affecting the validity of any trademark or service mark.

    ProductX and CompanyX are registered trademarks of CompanyX, LLC.

    Red Hat and Red Hat Linux are registered trademarks of Red Hat, Inc.

    SUSE is a registered trademark of SUSE and Novell, Inc.

    Microsoft, Microsoft Windows, and Active Directory are registered
    trademarks held by Microsoft Corporation.

    MySQL is a registered trademark of MySQL AB.

    Linux is a registered trademark of Linus Torvalds.

    PostgreSQL, pgSQL, and PostgreSQL.org are marks held by
    PostgreSQL.org.

    PHP is a mark held by PHP.net.

    Mozilla and Mozilla.org are marks held by Mozilla.org.

    Apache and Apache.org are marks held by Apache Software Foundation.
    </snip>

    Of course, ProductX is just a variable where I snap in my product name
    when I go live. The same with CompanyX.

    Do you feel I have this stated properly or would you change something?
    Please back up what you say with a link on the web.

    I want to go out of my way, as cheaply as possible, to prove I have
    researched these marks before I put them in my manuals.

    I have researched trademarks at USPTO.Gov for the marks held in the
    United States, but perhaps my research isn't correct.

    Also, for marks not listed at USPTO.Gov, should I state this as "are
    trademarks" rather than "are marks" because I cannot say "are
    registered trademarks"?
  • Nikolai Chuvakhin

    #2
    Re: PHP trademarked?

    googlemike@hotp op.com (Google Mike) wrote in message
    news:<25d8d6a8. 0312241317.551c 87f@posting.goo gle.com>...[color=blue]
    >
    > I'm about to come out in a few months with a new company and a new
    > product that is PHP-based. I'm working on a user guide and programming
    > guide that comes out with it. At the bottom on the first page, I want
    > it to say:
    >
    > <snip>
    >
    > Do you feel I have this stated properly or would you change something?[/color]

    This is the wrong place to ask this kind of question. Those things
    should be evaluated by a competent (and properly insured) attorney,
    whom you can later sue for malpractice if someone takes you to court
    for copyright/trademark infringement.

    Cheers,
    NC

    Comment

    • Keith Bowes

      #3
      Re: PHP trademarked?

      Nikolai Chuvakhin wrote:[color=blue]
      > googlemike@hotp op.com (Google Mike) wrote in message
      > news:<25d8d6a8. 0312241317.551c 87f@posting.goo gle.com>...
      >[color=green]
      >>I'm about to come out in a few months with a new company and a new
      >>product that is PHP-based. I'm working on a user guide and programming
      >>guide that comes out with it. At the bottom on the first page, I want
      >>it to say:
      >>
      >><snip>
      >>
      >>Do you feel I have this stated properly or would you change something?[/color]
      >
      >
      > This is the wrong place to ask this kind of question. Those things
      > should be evaluated by a competent (and properly insured) attorney,
      > whom you can later sue for malpractice if someone takes you to court
      > for copyright/trademark infringement.
      >
      > Cheers,
      > NC[/color]

      Absolutely, but the PHP people don't seem to be the lawsuit type. The
      license is fairly loose and asks only for you not to pretend that your
      product is endorsed or made by The PHP Group.

      I think this blah blah is a trademark of foo bar is silly, anyway.
      There should be no reason for anyone to think the referenced product is
      yours without the indication of such. And if visitors want company
      information, then they should visit the website. This seems to be a
      workaround for non-hypertext media needlessly adapted to the web (where
      hyperlinking is available).

      Comment

      • CountScubula

        #4
        Re: PHP trademarked?

        Wrong place to ask, but I will say, a trademark is a trademark
        regardless if its registerd

        there is no ill will mentioning a trademark that is not registered


        http://gzen.myhq.info -- free online php tools

        Comment

        • FLEB

          #5
          Re: PHP trademarked?

          Regarding this well-known quote, often attributed to Keith Bowes's famous
          "Thu, 25 Dec 2003 01:24:26 -0500" speech:
          [color=blue]
          > Nikolai Chuvakhin wrote:[color=green]
          >> googlemike@hotp op.com (Google Mike) wrote in message
          >> news:<25d8d6a8. 0312241317.551c 87f@posting.goo gle.com>...
          >>[color=darkred]
          >>>I'm about to come out in a few months with a new company and a new
          >>>product that is PHP-based. I'm working on a user guide and programming
          >>>guide that comes out with it. At the bottom on the first page, I want
          >>>it to say:
          >>>
          >>><snip>
          >>>
          >>>Do you feel I have this stated properly or would you change something?[/color]
          >>
          >>
          >> This is the wrong place to ask this kind of question. Those things
          >> should be evaluated by a competent (and properly insured) attorney,
          >> whom you can later sue for malpractice if someone takes you to court
          >> for copyright/trademark infringement.
          >>
          >> Cheers,
          >> NC[/color]
          >
          > Absolutely, but the PHP people don't seem to be the lawsuit type. The
          > license is fairly loose and asks only for you not to pretend that your
          > product is endorsed or made by The PHP Group.
          >
          > I think this blah blah is a trademark of foo bar is silly, anyway.
          > There should be no reason for anyone to think the referenced product is
          > yours without the indication of such. And if visitors want company
          > information, then they should visit the website. This seems to be a
          > workaround for non-hypertext media needlessly adapted to the web (where
          > hyperlinking is available).[/color]

          You could just send this question to someone at PHP.net.

          --
          -- Rudy Fleminger
          -- sp@mmers.and.ev il.ones.will.bo w-down-to.us
          (put "Hey!" in the Subject line for priority processing!)
          -- http://www.pixelsaredead.com

          Comment

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