On Tue, 2005-04-05 at 23:51 +0100, MJ Ray wrote:
That trade mark (FIREFOX) isn't a trade mark on a web browser, so I don't see how your point stands - I think you're confused with tort law on passing-off, which is different. You still seem to be talking about the US situation, too. [...]
I can't remember exactly what it's a trademark for, but I'm pretty sure it's not a trademark for a filename.
That's completely irrelevant. There isn't any such thing as a 'trademark for a filename' - you seem to be saying that trademarks apply to objects. Trademarks identify the *source* of the goods; they're applied to things to mark their origin.
I will probably write a basic primer on trademarks at some point, because even though I'm not terribly conversant with US law I do at least know how they function. I seem to keep having this same conversation with people.... :/
Sadly, US law is the main concern for debian on this one, as both Mozilla Foundation and debian's holding corporation (Software in the Public Interest, Inc) are US-based.
Again, that's not relevant either. The law applicable is that of the country of distribution; US law doesn't get exported everywhere just because someone happens to have their HQ over there.
MoFo at least are taking an interest in all areas; they wouldn't have licenced the firefox mark otherwise. I would encourage Debian not to be complacent either. The danger isn't financial per se - Debian couldn't be sued without doing something seriously negligent - but it would be quite easy to get distribution of Debian stopped in the UK by taking out an injunction.
As I already noted; no, they can't - at least, not in the UK - as far as firefox is concerned. They are licencees.
Who do they license from?
According to "About Mozilla Firefox", "Some trademark (sic) rights used under licence from The Charlton Company". They are talking about a UK trademark application from '95, which has priority in this country.
Who do we LART to get them to stop enforcing the trademark against free software distributors?
The Charlton Company would be the ones enforcing the UK mark, you would need to contact them. I would suggest that is a thoroughly bad idea, however.
Even so, all remember, Mozilla is far better than Netscape, for us.
I think you've hit the nail exactly on the head. It's clear that there are problems here, but the best way forward is to solve them by working with Mozilla. Forking - especially a complex piece of software like Mozilla - should be last resort.
Cheers,
Alex.