Vanilla Netrek Server Development Archive
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[VANILLA-L:830] Response to Trademark issue
I sent this summary response after waiting a week for replies from you
folks.
Thanks, Mike, for the info.
Dave.
-----Forwarded message from Dave Ahn <ahn@indigo2.rad.bgsm.edu>-----
Message-ID: <19980401151239.05633@indigo2.rad.bgsm.edu>
Date: Wed, 1 Apr 1998 15:12:39 -0500
From: Dave Ahn <ahn@indigo2.rad.bgsm.edu>
To: netpro@eatel.net
Subject: Re: Question
References: <199803260150.TAA01737@noc1.eatel.net>
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In-Reply-To: <199803260150.TAA01737@noc1.eatel.net>; from C.A. Elliott on Wed, Mar 25, 1998 at 07:50:51PM -0600
Organization: Bowman Gray School of Medicine, Winston-Salem, NC, USA.
I contacted a few others in the Netrek community about your question. I
received a few written (email) responses and spoke to a number of people
directly and have the following summary:
The general consensus seems to be that we're indifferent about you calling
your company 'Netrek'. However, to register that name, you must be able
to prove that you originated this term. You cannot do this, because the
term (and idea of) 'Netrek' is in the public domain and already in wide
use. There already are two registered Internet domain names 'Netrek.org'
and 'Netrek.net' as well as an approved Usenet group rec.games.netrek and
dozens of Netrek related WWW & FTP resources, public software and documents.
Because your business is Internet related, these facts are rather significant.
If you insist on trademarking the name 'Netrek', there is little that we can
do. However, we respectfully request that you do not claim the term as your
own.
Best of luck with your business venture.
Regards,
Dave Ahn
-------------------------------
On Thu, Mar 26, 1998 at 02:16:20PM -0500, Dave Ahn wrote:
> Hello folks,
>
> I received a message from "C.A. Elliott" <netpro@eatel.net> and thought
> I'd forward it to you guys for feedback. It may be a good idea to
> discuss it amongst ourselves then let me send a summary reply to this
> fellow. But nothing prevents you from contacting him directly.
>
> My opinion: I'd prefer not to let him trademark 'Netrek', but in the end
> it won't make much difference. None of us are willing to spend the time &
> money to trademark the name (which may be contested by Paramount) or contest
> any legal action on his part. I'm not a lawyer, but I don't think the
> term 'Netrek' itself can be copyrighted, only documents and program source
> code. I do recall some discussion a while back about possible commercial
> potential of Netrek, though. (Yeah right!) Just thought I'd mention
> that.
>
> Please CC: ahn@vec.bgsm.edu
>
> Dave.
On Thu, Mar 26, 1998 at 02:49:29PM -0500, Michael David Mcgrath wrote:
> "Netrek", being a term associated with public domain software, is not
> a "trademarkable" term.
>
> It belongs to the public, just as the software it names does. If the
> guy wants to trademark something akin to "Net-trek", he should feel
> free.
>
> Trademarking terms in common use is definately not do-able. The guy
> might contest that "common use" is relative, but considering that
> our community, the community the "trademark" would immediately affect uses sai
d
> term commonly and without reference to ownership, I'd say that trademarking
> it is out of the question.
>
> We, the public, have all rights to it, because the words "netrek", "Netrek",
> "NETREK",(in any form) have been used in an unorganized, public forum, for
> years. The guy can call his company "netrek" all he wants. He just can't
> claim he came up with the term, idea, etc.
>
> -Mike
On Thu, Mar 26, 1998 at 09:50:16PM -0500, Michael David Mcgrath wrote:
>
> Netrek does not have any commercial value in its form as public
> domain software. Assuming that someone were to write a "commercial"
> netrek client, the only thing they'd have to do (albeit a fairly big
> thing), would be to rewrite the client completely, and credit all the
> people who created the server and protocols (not monetarily, though.
> The software is, after all, public domain).
>
> Also, of course, Paramount would never allow any Star Trek stuff
> to have $$$ associated with it, unless they were in on it. The theme
> of the game would have to change, slightly, to be commercialized. Actually,
> this brings up an interesting point. Any commercial client author would
> have to deal with *any* references to the Star Trek Universe that the
> server sent -- the teams would have to be renamed, and the text messages
> redone on the client end.
>
> There's nothing stopping anyone from taking the "concept" of netrek
> and running with it, though. Too bad, in a way, since I imagine the
> games industry will one day run across the gem of gems, and bastardize
> it into the latest craze. Icky. I hope someone who knows the game at
> least plays a fair role. The authors of SubSpace have been heard to say
> they got "ideas from netrek". Man, did THEY get it wrong.
>
> -Mike
-------------------------------
On Wed, Mar 25, 1998 at 07:50:51PM -0600, C.A. Elliott wrote:
> I came up with the name netrek for a local business, can you please tell me
> if you guys had the name "netrek" trade marked are anything. I don't want
> to use your name if you have it trade marked or anything. If you do, I
> understand.
>
> Regards,
> C.A.Elliott
> netpro@eatel.net
On Thu, Mar 26, 1998 at 04:02:14PM -0600, C.A. Elliott wrote:
> netrek offers the total internet solution for businesses.
> web design/publishing, site maintenance, web/e-mail hosting, ISDN provider
> and network consulting. We also provide some unique marketing twist to it
> all, where business owners really benefit.
>
> Thanks for asking,
>
> C.A. Elliott
--
Dave Ahn, ahn@vec.bgsm.edu "When you were born you cried, and the
world rejoiced. Try to live your life
Virtual Endoscopy Center so that when you die you will rejoice,
Bowman Gray School of Medicine and the world will cry." -1/2 jj^2
-----End of forwarded message-----
--
Dave Ahn, ahn@vec.bgsm.edu "When you were born you cried, and the
world rejoiced. Try to live your life
Virtual Endoscopy Center so that when you die you will rejoice,
Bowman Gray School of Medicine and the world will cry." -1/2 jj^2
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